论文部分内容阅读
刑事诉讼中,正确认识律师所处身份和地位,是一个重要的问题,它能够协助公检法机关人员正确运用法律,有效地维护法律尊严,进而达到审判公正的目的。本文通过三方面论述这个问题。 一、律师在刑事诉讼中的身份 在刑事诉讼中,律师与公检法机关人员具有平等的身份,都是法律工作者。他们的共性是维护法律尊严,保障法律的正确实施,因而他们在刑事诉讼中的身份是平等的,只是他们各自维护的侧重面不同,维护的形式不同罢了。律师在刑诉中是犯罪嫌疑人、被告人合法利益的专门维护者。公诉人和审判人则主要责任在于维护公诉权、审判权的实施。因而在刑事诉讼中,律师与公检法机关人员形成了以下关系。
In criminal proceedings, it is an important issue to correctly understand the identity and position of the lawyer. It can help the officials in the public security organs to correctly use the law and effectively maintain the dignity of the law so as to achieve the goal of fair trial. This article discusses this issue through three aspects. First, the identity of lawyers in criminal proceedings In criminal proceedings, lawyers and public security organs have equal status, are legal workers. Their commonality is to maintain the dignity of the law and ensure the correct implementation of the law. As a result, their identities in criminal proceedings are equal except that their respective focuses are different and their forms of protection are different. Criminal lawyers in the criminal suspects, defendants, the legitimate interests of defenders. Prosecutors and trial people are mainly responsible for the maintenance of public prosecution, the implementation of judicial power. Thus in criminal proceedings, lawyers and public security organs formed the following relations.