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在构建辩护律师职业伦理规范的过程中,如何处理辩护律师与委托人的关系,是一个存在争议的问题。主流观点认为,辩护律师一旦接受当事人的委托成为辩护人,便具有独立的诉讼地位,不受被追诉人意志的左右。近年来,这种“独立辩护人”观点受到了越来越多的质疑和挑战。部分学者和律师认为,辩护律师应当独立于法院和检察机关,但在与委托人的关系上应当强调辩护律师的忠诚义务。为了实现有效辩护,辩护律师应当尽职尽责,与委托人进行充分的沟通和协商,尊重委托人
How to deal with the relationship between defense counsel and client in the process of building the professional ethics of defense counsel is a controversial issue. The mainstream view holds that once a defense lawyer has accepted the commission of a party as a defender, it has an independent litigation status independent of the will of the prosecutor. In recent years, this view of “independent defender” has been increasingly questioned and challenged. Some scholars and lawyers think that defense lawyers should be independent of the courts and procuratorial organs, but their defense obligations should be emphasized in the relationship with clients. In order to achieve an effective defense, defense lawyers should exercise due diligence, conduct adequate communication and consultation with the client, and respect the client