侦查阶段律师辩护问题研究——兼论修订后的《律师法》实施问题

A Study on Lawyer's Defense in the Investigating Stage

律师辩护从审判阶段延伸到侦查阶段是历史的发展趋势。侦查阶段犯罪嫌疑人委托的律师身份应定位为辩护人,辩护内容包括实体性辩护和程序性辩护两个方面。其诉讼权利的配置应当考量收集证据、查获犯罪嫌疑人与人权保障之间的冲突和平衡。我国当前不仅应明确修订后《律师法》的效力,而且还要对侦查阶段律师会见权、通信权、调查取证权、申请调查取证权、讯问时在场权等规定作出相应的调整或改革。

It has become a .tendency for the accused to obtain the assistance of the lawyer during the investigation. The lawyer entrusted should he considered as the defender, who helps protecting the substantial rights and the procedural ones of the accused. The allocation of the rights of the defender depends on the bal- ance of the crime punishing and human rights protecting. For us, it~ necessary not only to clarify the conflicts between the criminal procedure law and the lawyer law, but also to reform the rights of the defender including that to meet or write to the accused, to investigate, to appeal to the court to investigate instead, and to attend the interrogation by the police.