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由于我国刑法和刑诉法在律师刑事辩护制度方面存在缺陷,导致了一方面刑事案件不断增长,一方面律师刑事辩护率逐年下降的尴尬局面。究其原因,主要是我国缺乏对辩护律师的人身权进行保障的律师刑事辩护豁免权制度。本文从在我国构建律师刑事辩护豁免权的理论依据、价值所在和现实基础着手,探讨构建律师刑事辩护豁免权制度体系来维护律师的合法权益,进而维护犯罪嫌疑人、被告人的合法权益。
Due to the defects of our criminal law and criminal procedure law in the lawyer’s criminal defense system, it leads to the growing situation of criminal cases on the one hand, and on the other hand, the lawyer’s criminal defense rate is declining year by year. The reason is mainly due to the fact that our country lacks the system of criminal defense immunity for lawyers who protect the personal rights of defense lawyers. This essay begins with building the theoretical basis, value and reality of the criminal defense immunity of lawyers in our country, and discusses the system of establishing the system of lawyers’ immunity of criminal defense so as to safeguard the lawful rights and interests of lawyers and safeguard the lawful rights and interests of criminal suspects and defendants.