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律师拒证权从其产生之日在理论界和实务界就争论不休,其根本的原因在于传统刑事诉讼目的在于发现案件的真实,而律师拒证权在某种程度上说是阻碍了案件真实的发现。然而随着刑事诉讼理论研究的深入,人们越来越发现程序正义的重要性。本文拟从人权价值、促进律师职业发展的价值和实现程序正义的价值三个方面对律师拒证权的价值进行阐述,以达到认清律师拒证权的重要性的目的
The reason why lawyers’ right of refusing to testify is controversial in theorists and practitioners from the date of its birth. The fundamental reason is that the purpose of the traditional criminal procedure is to discover the truth of the case, and the lawyer’s right of refusing to testify to some extent is a hindrance to the truth of the case The discovery. However, with the deepening of the research on the theory of criminal procedure, people are discovering the importance of procedural justice more and more. This article intends to expatiate the value of lawyer’s right of refusing to testify from three aspects: the value of human rights, the value of lawyer’s career development and the value of procedural justice so as to achieve the purpose of recognizing the importance of lawyer’s right of refusing to testify.