侦查程序中辩护律师在场制度的构建

Establishment of Defence Counsel Presence System in Investigation Procedure

建立侦查程序中的辩护律师在场制度,是诉讼主体理论、程序正义理念和无罪推定原则的必然要求。刑事诉讼法应明确规定侦查程序中律师在场的案件范围,开始时间及辩护律师的身份,明确规定律师在场权行使的具体程序,建立值班律师制度和非法证据排除规则作为该制度的保障措施。

It is an inevitable requirement of the lawsuit subject theory, the idea of procedure justice and the principle of presumption of innocence to establish the system of defence counsel presence in investigation procedure. The code of criminal procedure should clearly stipulate, in that of the investigation, the described case limit of defence counsel presence, the starting time, and the identity of the defence counsel. It should clearly stipulate the specific procedure for exercising the counsel＇s right of presence, and establish the system of shift counsel as well as the rules of exclusion of illegal evidence as the measures to guarantee the system.