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推动和完善律师执业权利保障机制,加强职业道德建设,对发挥律师在维护公民和法人的合法权益,稳定社会和谐方面具有重要意义。但在司法实践中,辩护律师的诉讼权利并不能得到完全保障,甚至会被阻挠和侵犯。文章认为产生这种困境的原因有立法上的缺陷,有奖惩制度的不完善,也有救济程序缺失。通过完善程序性制裁法律制度,推进法律职业共同体的建设,才能有效保障辩护律师的诉讼权利,实现社会公平正义。
Promoting and perfecting the lawyer’s right protection mechanism and strengthening the construction of professional ethics are of great significance to the lawyers in safeguarding the lawful rights and interests of citizens and legal persons and stabilizing social harmony. However, in judicial practice, defense lawyers’ rights of litigation can not be fully guaranteed and will even be obstructed and violated. The article thinks that there are legislative defects for the reason of this dilemma, the imperfect rewards and punishments system and the absence of remedial procedures. By improving the legal system of procedural sanctions and advancing the building of a legal professional community, we can effectively safeguard the litigation rights of defense lawyers and achieve social fairness and justice.