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程序正义是民主制度设计的重要一环,是保障诉讼当事人合法权利、构建公民社会的基石性要件,是司法正义的必然要求。没有程序正义,司法的公正便无从谈起,而我国长期以来“重实体轻程序”的执念业已成为司法实践中的极大阻力。辩护律师作为追求程序正义的专业群体,在接受委托、履行义务的过程中却困难重重,危机四伏,这与我国程序正义理念的缺失关系紧密。时下恰逢我国刑事诉讼法大修,本文将分析正当程序下辩护律师的权利、话语、意旨三者关系,以期对刑诉法大修中设计的律师之权利义务制度有所破解。
Procedural justice is an important part of the design of democratic system. It is an essential requirement of judicial justice to protect the legal rights of litigants and construct the cornerstone of civil society. Without procedural justice and judicial justice, we can not talk about it. However, the long-standing obsession with “relying on substantive light procedures” in our country has become a great obstacle in judicial practice. As a professional group pursuing procedural justice, defense lawyers have a great deal of difficulties and jeopardy in accepting and fulfilling their obligations, which is closely related to the lack of the concept of procedural justice in our country. Nowadays, the criminal procedure law overhaul in our country, this article will analyze the rights, words and intent of the defense lawyer in the due process, with a view to cracking down on the rights and obligations of lawyers designed in the overhaul of criminal law.