律师会见权难以实现的原因及对策

The Reasons of Lawyers' Interview Right Hard to Realize and the Countermeasures

新《律师法》对会见制度作出了改革,但是新《律师法》的实施并没有有效地解决会见难这一问题,其主要原因在于律师诉讼地位低下,会见权受到侵犯时无法获得救济,我国看守所隶属于公安机关的设计存在缺陷。因此,为了把会见制度贯彻到司法实践中,必须从立法上明确律师的诉讼地位,建立相应的律师会见权救济制度,以及把看守所从公安机关独立出来,这样才能真正落实律师的会见权。

The system of lawyers' interview has been reformed in new 'Law of the People's Republic of China on Lawyers',but the execution of this new law doesn't effectively settle the difficulty in lawyers' interview.This paper attributes the main reason to the low status of lawyers' litigation,the lack of relief when meeting right is violated and the design flaw of detention house under the police bureau.Therefore,in order to put the system of lawyers' interview into juridical practice,we must define counsel's litigation position legislatively,establish the appropriate lawyer relief system,and separate the detention house from the public security organs,so that lawyers ' interview right can be realized fully.