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自改革开放之后律师制度恢复以来,律师对于我国人权状况提升和对法制健全的维护起到了关键作用,律师行业以其专业性和突出作用得到了社会的高度评价。但是,我国对律师执业权利及权利保障规定的不足,制约了律师在社会生活中起到更为积极的作用,这一点在刑事诉讼中体现得较为明显,律师刑事豁免权立法上的欠缺,使得律师在执业过程中受到不公正待遇甚至刑事追究。虽然2008年新修订的律师法的出台,填补了立法方面的空白,第37条的规定对于律师刑事豁免权的建立和完善具有积极的意义,加快了完善律师制度的步伐,保障律师更加有效地履行其职责,为我国法治建设打开了新的局面。但新法颁布之后得到了广泛认可,但与国际水平相比仍有不足之处,特别是近期出现的李庄案,更体现了我国辩护律师刑事责任豁免权的建立和完善任重道远。
Since the lawyer system was restored after the reform and opening up, lawyers played a key role in the improvement of human rights conditions and the maintenance of sound legal system in our country. The lawyer profession has been highly praised by the society for its professionalism and outstanding role. However, the lack of lawyers’ rights and rights in lawyers in our country restricts the lawyers to play a more active role in the social life. This is reflected in the criminal lawsuits. The lack of legislation on the criminal immunity of lawyers makes Lawyers are unfairly treated or even held criminally liable during their practice. Although the introduction of the newly revised lawyers’ law in 2008 has filled the gap in legislation, the provisions of article 37 have a positive meaning for the establishment and perfection of criminal immunity of lawyers, speed up the pace of perfecting the lawyer system and ensure that lawyers can more effectively To fulfill their duties has opened up a new situation for the rule of law in our country. However, it has been widely recognized after the promulgation of the new law, but there are still some shortcomings compared with the international standards. In particular, the recent case of Li Zhuang further reflects the establishment and perfection of China’s defense counsel’s criminal liability immunity.