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随着律师体制改革的深入,律师私自收受当事人额外财物的行为,处于现行刑事法律难以规范、新法又尚未规范的失范状态。最好的做法是完善立法,消除因社会发展与旧法规定之间的矛盾和冲突。但笔者认为:就现阶段而言,对律师私自收受当事人额外财物达到一定数额的行为,不宜一律不作受贿犯罪处理。 1.律师私自收受当事人额外财物的行为在律师体制改革以前,被法律所禁止。在律师体制改革过程中,这一行为并未因此而成为正当的行为允许其存在。
With the deepening of lawyer system reform, lawyers privately accept the party’s extra property in the current criminal law is difficult to regulate the new law has not yet standardized normall status. The best way is to improve the legislation and eliminate the conflicts and conflicts between the social development and the old law. However, the author believes that at this stage, it is not appropriate for all lawyers to accept the extra property of the parties to a certain amount without any bribery. 1. Lawyers privately accept the parties extra property in the lawyer system reform before, is prohibited by law. In the process of lawyer system reform, this act has not been justified to allow its existence.