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在刑事诉讼中,被告人的权利得以尊重既是珍视人权的体现,也是现代诉讼构造的要求。为避免宪法和法律所规定的有关被告人之权利不致落空,律师权利就必须得以切实的保障。因为律师权利得以实现是被告人之各项权利得以落实的最重要保障因素。我国刑辩律师所面临的困境以及遭遇的尴尬已为人所共知。其原因主要是因为律师权利缺乏保障,当中又主要是因为缺少程序性的制裁机制。因此,程序性制裁机制的建立便成为了律师权利保障机制建设中的重中之重。
In criminal proceedings, the defendant’s rights are respected both as a manifestation of human rights, but also the requirements of the structure of modern litigation. In order to avoid the constitutional and legal provisions on the rights of defendants will not be lost, the lawyer’s rights must be effectively protected. Because the realization of lawyer’s rights is the most important safeguard for the fulfillment of the rights of the defendant. It is well known that the predicament faced by our country’s criminal defense lawyers and the embarrassment they encounter have come into being. The reason for this is mainly due to the lack of protection of lawyers’ rights, mainly because of the lack of a procedural sanction mechanism. Therefore, the establishment of procedural sanctions mechanism has become the most important part in the construction of lawyer’s rights safeguard system.