辩护人、诉讼代理人毁灭证据、伪造证据、妨害作证罪的基本问题分析

当前，对刑法第306条规定的辩护人、诉讼代理人毁灭证据、伪造证、妨害作证罪设置合理性受到众多质疑，主要归结为两点：一是在立法技术上，犯罪主体具有特定指向性，罪状具有模糊性和宽泛性，第306条与其他条文出现竞合；二是在立法价值上，本罪设置具有职业歧视性，并且违背立法理念。对这些问题的解决有三：废除本罪或者修订主体和罪状；建立和完善律师惩戒制度；转变观念，确实保障律师权利。

A Preliminary Analysis of the Crime of Destroying or Forging Evidenceor or Interfering with Testimony by Defenders or Law-agents

Presently,the Rationality of Setting up the Crime of Destroying or Forging Evidenceor or Interfering with Testimony by Defenders or Law-agents is been questioning by more and more people.The question can be mainly concluded to two points: one of questions is that,in the legislation technology,the subject of the crime has specificly objection,and the indictment has fuzziness and broadness,the article 306 of the penal code competes gathers with other articles;the other question is that,in the legislation value,the crime has the discrimination of occupation,and violates the legislative concept.There are three solutions to resolve these question: abolishing the crime or revising the body of the crime and revising the indictment of the crime;establishing and consummating the disciplinary punishment system to the attorney;transformating the idea to the attorney,and safeguarding the right of attorney.