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律师,基于委托或指定,依法享有法律所赋予的为犯罪嫌疑人、被告人之合法权益而独立辩护的权利。但是,此独立非绝对独立,而是相对独立。众所周知,一项权利的实现需要切实的保障,但是权利的主体在行使权利的同时却可能滥用权利。因此,本文认为,须以“中庸”的独立保障机制实现对律师独立辩护权的保障和规范。
Lawyers, based on the commission or designation, shall have the right to independently defend for the lawful rights and interests of the suspects and defendants granted by law according to law. However, this independence is not absolute independence but relatively independent. It is well-known that the realization of one right needs practical protection, but the subject of right may abuse the right while exercising the right. Therefore, this paper argues that it is necessary to guarantee and regulate the independent defense rights of lawyers with the independent guarantee mechanism of “moderate ”.