法庭剥夺律师辩护人资格的理论反思

近年来，律师被法庭剥夺辩护人资格在我国刑事审判中时有发生。律师不被允许继续参与庭审，通常发生在律师被驱逐出庭、主动退庭、未按时出庭或被法院认为不具备辩护条件等情形中。为了维持法庭秩序、维护司法权威，应当承认法庭在特定情形下剥夺律师的辩护人资格具有一定的正当性。但为了避免法庭权力被滥用，减少负面影响的“外溢”，也应当对法庭实施这一行为加以限制，包括高度重视当事人的意愿、从严限定法庭剥夺辩护人资格的事由、严格界定作出决定的主体并规范相应的程序机制。与此同时，还应系统性地加强对辩护律师的权利救济、重视对被告人的辩护权保护。

Theoretical Reflection on the Court's Deprivation of Lawyer's Qualification as a Defender

In recent years, there have been occasional instances in Chinese criminal trials where lawyers have been disqualified by the courts from defending their clients. Lawyers are not allowed to continue to participate in the trial, which usually occurs in the situation that lawyers are expelled to appear in court because of disrupting the order of the court, lawyers withdraw from the court on their own initiative, and fail to appear in court on time or are considered to be unqualified by the court. It is theoretically legitimate for the court to deprive lawyers of their qualifications to maintain the order of the court and the judicial authority. In order to avoid the abuse of the court's power and reduce the “spillover” of negative effects, power restrictions should be proposed, such as giving high priority to the will of the prosecuted person, strictly limiting the grounds for disqualification, strictly defining the subject of the decision and regulating the corresponding procedural mechanism. At the same time, it is also necessary to systematically strengthen the rights remedy for lawyers and stress the protection of the defendants right to defense.