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律师在刑事活动中发表和履行职责有关的言论而不受到国家刑事追究的权利就是律师的刑事豁免权。本文从律师刑事豁免权的内容谈起,而后从人权保障、程序主体性、特殊行业保护、国际刑事司法准则四个方面论述了律师刑事豁免权的理论基础,而后又针对其价值进行阐述,基于对律师豁免权的理解提出了构建我国律师刑事豁免权的建议。
It is the lawyer’s criminal immunity that a lawyer publishes a speech related to his duty in criminal activities without being subject to criminal prosecution by the state. This article begins with the content of the criminal immunity of lawyers, and discusses the theoretical basis of criminal immunity of lawyers from four aspects of human rights protection, procedural subjectivity, special industry protection and international criminal justice standards, and then elaborates its value based on The understanding of the lawyer’s immunity raised the suggestion of constructing the criminal immunity of our lawyer.