刑事侦查阶段犯罪嫌疑人辩护权保障制度的构建

On Construction of Safeguard System for the Right to Defense of the Crime Suspect in the Stage of Criminal Investigation

辩护权是犯罪嫌疑人、被告人诉讼权利的核心。如何保障辩护权的有效行使,是刑事司法改革的关键和难点。我国刑事侦查阶段对犯罪嫌疑人辩护权保障应在充分考虑国情与现实状况的基础上,借鉴国际通行的做法,确保犯罪嫌疑人有沉默权、告知权、法律援助权、控告权和申诉权。

The right to defense is the core of lawsuit right of the crime suspect and the accused. How to safeguard the effective exercise and realization of their right to defense is the key and the difficulty of criminal judicial reform. But compared with international criminal judicature criteria, our country＇s safeguard system for the right to defense of the crime suspect in the stage of criminal investigation has a big disparity which must be resolved. It is necessary to reform the system by taking into consideration our national situation and the present conditions and learning from the international current practice, so that the crime suspect is ensured to enjoy their full right.