本文认为在刑事诉讼中,律师辩护职能作用难以有效发挥有如下原因:一是律师的阅卷权、与被指控人的联络、会见权、调查取证权受到了限制,没有规定律师的豁免权,制约了律师作用的发挥;二是职权型刑事诉讼使律师作用难以发挥,表现在侦查模式与审判模式的冲突、控辩双方力量的不均衡、证据规则不健全和法庭审判的“制度虚化”。只有通过司法改革,才能使律师的职能作用在刑事诉讼中得到充分发挥。 This paper argues that it is difficult to effectively play the role of counsel in criminal litigation in criminal proceedings for the following reasons: First, the right of the lawyer to read the book, the liaison with the accused, the right to meet, the right to investigate and obtain evidence are limited, the lawyers’ Second, the authoritative criminal lawsuit makes the lawyer’s role difficult to play. It manifests itself in the conflict between the investigation mode and the trial mode, the imbalance of power between the prosecution and the defense, the imperfect evidence rules and the “system deficiency” of the court trial. Only through the judicial reform can the function of lawyers be brought into full play in criminal proceedings.