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我国刑事辩护律师执业权利在立法与司法中存在如下现状:辩护律师的调查取证权形同虚设;律师保守职业秘密原则未得以确立;立法上未明确规定律师享有民事、刑事责任豁免权。对此,本文提出了相应的改革与完善思路。
The legal rights of criminal defense lawyers in our country exist in legislation and judicature as follows: the defense lawyers ’right to investigate and obtain evidence is in name only; the principle of lawyers’ conservative professional secrets has not been established; and the law does not clearly stipulate that lawyers should enjoy immunity from civil and criminal liabilities. In this regard, this paper put forward the corresponding reform and improvement ideas.