侦查阶段律师调查取证权之理性思考

The Philosophical Analysis of the Lawyer's Right of Investigating and Collecting Evidence at Investigation Stage

调查取证权是刑事辩护的基础和前提,也是增加辩护方抗辩能力的有效路径。我国律师在侦查阶段自行调查取证权没有明确的规定,围绕新《律师法》修订实施后是否有所转变也存在诸多争论。赋予律师在侦查阶段享有一定的调查取证权是必要的。侦查阶段律师的调查取证对象应当侧重为"犯罪嫌疑人不构成犯罪的事实"。

The right of investigating and collecting evidence the foundation and prerequisite for criminal defense lawyers,It is also the effective path to increase the capacity of the defense.Lawyers in the investigation stage of our in-vestigation on its own is not clearly defined right.Around the new'law'whether or not to amend the implementation of change also argue variedly.Lawyers in the investigation stage to give a certain power of investigation and evidence collec-tion is necessary.Counsel investigation stage...