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长期以来,中国刑事辩护制度不局限于律师辩护,加上在刑事诉讼过程中所遇到的“三难”问题,严重影响了辩护质量,也制约了律师业的健康发展。本文主要着眼于公诉案件中公诉机关与辩护人,尤其是律师之间的权利义务对比,逐步分析我国刑事辩护面临的困境,通过新旧《刑事诉讼法》的比较,阐述我国刑事辩护立法的变化与发展,指出特色亮点,最后针对我国刑事辩护的尴尬现状,提出可行解决途径。
For a long time, the system of criminal defense in China is not limited to lawyer’s defense. In addition, the “three difficulties” encountered in the course of criminal procedure have seriously affected the quality of defense and hampered the healthy development of lawyer’s profession. This article mainly focuses on the comparison of rights and obligations between public prosecutorial organs and defenders, especially lawyers, and gradually analyzes the predicament faced by criminal defense in our country. Through the comparison of the old and the new “Criminal Procedure Laws”, this article expounds the changes and development of criminal defense legislation in our country. , Pointed out the characteristics of bright spots, and finally in view of the embarrassing situation of criminal defense in China, put forward feasible solutions.