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一般人认为,侦控机关之所以滥用司法权力对律师实施职业报复,主要原因在于实体立法规定的种种缺陷,争论的焦点也都聚焦在实体法的存废上。但是,更深层次的问题在于律师惩戒程序与刑事追诉程序的错位,导致职业报复频发。因此,我们应完善律师惩戒程序和刑事追诉特别程序,把律师惩戒程序与刑事追诉程序衔接起来,遵循正当法律程序追究律师责任,以此防止律师伪证罪的司法滥用,保障律师免受不当或非法的刑事追诉。
It is generally believed that the reason why investigating and prosecuting agencies abuse their judicial power to carry out career retaliation against lawyers is mainly due to the defects stipulated in the substantive legislation. The focus of the controversy also focuses on the expropriation of substantive law. However, the deeper issue lies in the dislocation between the lawyer’s disciplinary procedure and the criminal prosecution procedure, which leads to frequent occupational revenge. Therefore, we should perfect the lawyer’s disciplinary procedure and the criminal prosecution special procedure, connect the lawyer’s disciplinary procedure with the criminal prosecution procedure, follow the due legal procedure to investigate the lawyer’s responsibility, so as to prevent the judicial abuse of the lawyer’s perjury crime and protect the lawyer from improper or illegal Criminal prosecution.