CAJ | 학술논문

中国传统社会,律师一直是个边缘化的角色,是末流的知识分子.受到中国封建传统思维惯性的影响,刑事辩护律师一直得不到社会公众的认可与赞赏,甚至长期以来被大多数人视为罪犯的帮凶和犯罪的摇篮,是泯灭良心和助纣为虐的坏人.一方面,刑辩律师的工作得不到各级政法机关和广大人民群众的支持与理解,反而受到他们的误解与打击;另一方面,刑辩律师的固有权利在法律上得不到应有的声张和保护.因此,刑辩律师也常常被外界称为“在夹缝中艰难生存的人”.
중국전통사회,률사일직시개변연화적각색,시말류적지식분자.수도중국봉건전통사유관성적영향,형사변호률사일직득불도사회공음적인가여찬상,심지장기이래피대다수인시위죄범적방흉화범죄적요람,시민멸양심화조주위학적배인.일방면,형변률사적공작득불도각급정법궤관화엄대인민군음적지지여리해,반이수도타문적오해여타격;령일방면,형변률사적고유권리재법률상득불도응유적성장화보호.인차,형변률사야상상피외계칭위“재협봉중간난생존적인”.
Traditional Chinese society, the lawyer has always been playing a marginal role, being listed at the end of intellectuals. Influenced by traditional Chinese feudal thinking inertia, in our country, the criminal defendant lawyers have not won the social public recognition and praise. Worse than that, even for a long time, they are considered by the majority to be the criminal accomplices and the cradle of crime, is devoid of conscience, and bad people to collaborate. On one hand, the criminal defense lawyer＇s job has not been recognized and supported by the public. On the other hand, the inherent right of the defendant lawyer in law can not get the revealed and protected by law. Therefore, the criminal defendant lawyers are frequently calledby the outsiders as ＂ people who are difficultly living on the margins of society.＂