论程序正义视域下的中国刑辩律师困境

律师职业自产生之初就与正当程序有着紧密联系,正是程序正义赋予了律师职业以内在的价值追求.但现今的中国刑事辩护律师却处境尴尬：他们参与刑事辩护率低迷;在刑事诉讼中的各项权利难以保障;有时深受社会公众与媒体舆论的怀疑、攻讦,甚至有可能面临牢狱之灾.一系列问题表明,刑事辩护作为司法程序中的重要环节,正日益失去其维护司法公正的的意义和作用.因此,要突破律师现今面临的种种困境,必须在现念上和制度上进一步落实程序正义.

On China Criminal Lawyers＇ Dilemmas in a View of Procedural Justice

Since initial stage of the defense attorney,the career is closely bound up with the due process of law.It is the due process of law that endowed the legal profession with inside value and pursuits.However,criminal lawyers nowadays are in difficuh conditions,less and less lawyers engage in criminal defense;the rights in criminal prosecution procedure are not as they should be;and the criminal lawyers may be suspected and assaulted by public,in more serious cases,a jail term might well be the price to pay. These problems told us that as an important part of the judicial process,criminal lawyers are increasingly losing their significance and meanings which they representative.Therefore,to implement the procedural justice both in thinking and in system is the best way to break through the dilemmas of criminal lawyers.