律师伪证罪的立法问题分析

The Legal Analysis of the Perjury of Lawyer

  • 摘要: 我国刑法律师伪证罪的设置存在众多问题,主要表现在犯罪主体具有特定指向性、罪状具有模糊性与宽泛性和《刑法》第306条与其他条文间存在相互的包容性。同时,本罪的设置带有职业歧视性色彩,违背立法理念。要解决存在的这些问题,建议废除本罪,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。

     

    Abstract: Presently,the rationality of setting up the crime of the perjury of lawyer is being questioned by more and more people.The questions can be mainly concluded to the following points: the subject of the crime having specific objection,the indictment having fuzziness and broadness,the overlap of the article 306 of the penal code and the other articles.Moreover,the set-up of the crime has the trend of the discrimination of occupation and violates the legislative concept.There are three solutions: abolishing the...

     

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