侦查阶段律师在场权制度的理性思考

Rational Thinking on the System of Attorney Present at the Investigation Stage

侦查阶段是整个刑事诉讼过程的基础,只有保证侦查的公正,才能实现审判的公正。在侦查阶段能不能赋予律师在场权,与国家社会经济发展水平、刑事法治传统与现状等密切相关。侦查阶段律师在场权制度固然具有积极作用,但从我国诉讼价值和政策的实现、引入的理由、侦查机关对口供的依赖性和影响其建立的其他因素等方面分析可以看出,目前在我国建立该制度的条件尚不具备,故对侦查阶段律师在场权应当持慎重的态度,并通过建立相关替代措施来加以解决。

Investigation stage is the foundation of the whole process of criminal litigation. Only through guaranteeing the impartial investigation, can we achieve a fair trial. It is related to the level of social and economic development as well as the tradition and present situation of the criminal law legislation that lawyers can achieve the presence right in the investigation stage. The presence right of a attorney plays an active role at the investigation stage, but the conditions for establishing the system are not yet available by analyzing the realization of values and policy of criminal proceedings, the reason of introduction, the dependence of investigating organizations on confessions and other factors Therefore, we should treat the presence right of attorneys at the investigation stage with caution and take related alternative measures to solve these problems at the investigation stage.