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律师的执业困境多年来一直未能得到改善,在刑事辩护领域尤其突出。律师与法官的争执为我们揭开了本就不太和谐的辩审关系原貌,近几年辩审冲突加剧,法庭秩序一再失控。《刑法修正案(九)》第37条在这种情况下出台,对于抑制这种混乱现象的作用是积极的,但是不得不说,就中国的法治现状而言,这项条款的适用还是容易发生问题,使用不当将会恶化律师本就不佳的辩护环境。第37条的推行可能会让执业环境更加恶化,对于这潜在的问题我们还需审慎对待。只有不断改进不足,朝着符合司法改革的方向发展,中国才能拥有一个健康的诉讼环境。
The plight of lawyers for many years has not been able to improve, especially in the area of criminal defense. Dispute between lawyers and judges opened the original appearance of a less harmonious debate on defense. In recent years, the debate and defense conflicts have intensified and court order has been out of control again and again. The introduction of Article 37 of the Amendment to the Criminal Law (IX) under such circumstances is positive in suppressing the confusion. However, it has to be said that the application of this Article will be easy for the status quo in China’s rule of law. If something goes wrong, improper use will aggravate the lawyer’s unfavorable defense environment. The implementation of Article 37 may worsen the practice environment and we need to be careful about this potential issue. Only by constantly improving deficiencies can China be able to have a healthy litigation environment in line with the direction of judicial reform.