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律师辩护制度是刑事司法制度一个重要的组成部分,也是人权保障制度的体现。从1996年刑事诉讼法修改后,律师辩护制度得到了进一步的强化,取得了举世瞩目的成就,而且通过十几年的实践,已取得的制度进步得到一定程度的巩固,并取得了一些经验。但实践中也暴露出辩护制度的弊端,即所谓“三难”(会见难,取证难,阅卷难)、“一怕”(律师伪证罪)问题,已经对我国刑事诉讼整体功能的改善和人权保障制度的发展造成了严重的限制,所以有必要予以改革和完善。
The lawyer’s defense system is an important part of the criminal justice system and also a manifestation of the human rights guarantee system. After the revision of the Criminal Procedure Law in 1996, the lawyer’s defense system has been further strengthened and made remarkable achievements. Through more than a decade of practice, the progress made in the system has been partially consolidated and gained some experience. However, in practice, the drawbacks of the defense system are also exposed. The so-called “three difficulties ” (difficult to meet, evidence difficult, hard to read), “a fear ” (lawyer perjury) And the development of the human rights security system has caused serious restrictions, it is necessary to be reform and improvement.