律师法庭辩护涉及义务冲突的几个问题

律师维护司法公正的义务与律师维护被告人权益的义务之间存在矛盾。律师对法庭负有真实性义务 ,这主要是指他不得有意识地向法庭提供伪证。在我国法律制度中 ,律师独立于当事人 ,他可以而且有时应当发出不同于当事人的声音。但是他应当事先告知当事人 ,允许当事人另行选择辩护人。为了保障律师权利的行使 ,应当赋予律师庭审辩护言论的豁免权 ,其庭审言论不受民事和刑事追究 ,但律师法庭行为不当可以给予行业纪律惩戒

Several Issues in Relation to Duty Conf licts in Lawyer's Defense in the Trial Court

The duty of the defense lawyer to pursue judicial justice sometimes contradicts his duty to defend the rights and interests of the accused as his client. The defense lawyer has the duty to tell the truth to the court, which implies that he must not commit perjury. Under the Chinese legal system the lawyer is independent from the position of his own client and he sometimes makes statements different from those of his client. Nevertheless, before he does this, he should inform his client of his intention to do so therefore making it viable for his client to retain another defense lawyer as a substitute. To ensure the right of the defense lawyer, he should be granted privileges for his defending performance, immunizing his statements at the court from civil or criminal prosecution. However, the defense lawyer should be held subject to the disciplinary sanctions as given by the Bar Association for his performance of miscarriage of justice.