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随着我国建设法治国家事业的不断推进,律师人数已发展至33万人,律师行业的蓬勃发展体现了我国司法制度迈向民主化、科学化,反映出法治实践的巨大进步。现代辩护制度是源于西方启蒙运动而在各国盛行的法律制度。律师辩护权利的保障与提升,对于国家通过刑事诉讼程序以维护社会公平正义具有重要价值,依法保障律师辩护权利是构建法治社会的重要标志。我国《刑事诉讼法》进行多次修订调整对刑事辩护制度予以完善,使得律师辩护权利得以确立并不断提升。辩护权利是被追诉方最基本的诉讼权利之一,在刑事诉讼权利中居于核心地位。辩护权利作为律师的重要职能,承载着刑事诉讼制度的价值追求,成为衡量司法制度是否健全的评价标准,体现出国家法治建设的发达程度。
With the constant promotion of the cause of building a country under the rule of law, the number of lawyers has grown to 330,000. The vigorous development of the lawyers’ profession shows that our judicial system has been democratized and scientifically oriented, reflecting the tremendous progress made in the practice of the rule of law. The modern defense system is a legal system prevailing in various countries from the Western Enlightenment. The protection and promotion of lawyer’s defense right are of great value to the state through criminal procedure in order to safeguard social fairness and justice. Protecting the lawyer’s defense right according to law is an important symbol of building a society ruled by law. China’s “Criminal Procedure Law” to be revised several times to amend the system of criminal defense to make lawyers defense rights can be established and continue to improve. The right to defense is one of the most basic procedural rights of the party being prosecuted, and it occupies a central place in the criminal procedure right. As an important function of lawyers, the right to defense carries the value pursuit of criminal procedure system and becomes the evaluation standard to judge whether the judicial system is sound, which reflects the developed state of the country’s rule of law.