论文部分内容阅读
理论界和实务界对律师伪证罪有存废之争,刑法第306条在本体价值上有职业歧视的嫌疑,使控辩平等理论失效,导致“毋枉”的刑事诉讼底线被突破;在叙事规范方面表现为法条内容高度重复且罪状表述不确定;在实践结果上导致对律师的报复性起诉和刑事辩护数量少、质量低。解决刑法第306条问题的路径在于修改刑法的有关条款、建立刑事证据开示制度和律师职业特权制度。
There is a dispute between theorists and practitioners about the perjury of perjury in lawyers. Article 306 of the Criminal Law suspects occupational discrimination on the value of the body, invalidating the theory of equality between the accuser and the prosecutor, leading to a breakthrough in the criminal prosecution of In terms of narrative norms, there is a high degree of repetition of the articles of law and an indeterminate statement of guilt. As a result of practice, retaliatory prosecutions and criminal defense against lawyers are few and of lesser quality. The solution to the problem of article 306 of the criminal law lies in the modification of the relevant provisions of the criminal law and the establishment of a system of criminal evidence disclosure and lawyer’s professional privilege.