侦查阶段律师调查取证权研究

On the Solicitor's Right of Investigation and Collecting Evidence during Investigation Period

由于侦查阶段的特殊性和律师调查取证权的重要性,侦查阶段律师调查取证的权利在世界范围内得到了广泛的认可。从发展历程上看,律师由审判阶段进入侦查阶段是各法治国家刑事诉讼发展的历史趋势;从比较法上考察,两大法系国家都在一定程度上规定了律师侦查阶段的调查取证权。从刑事诉讼构造的视角着眼,借鉴两大法系国家侦查阶段律师调查取证权的规定,有助于完善我国的刑事诉讼制度。

The solicitor＇s right of investigation and collecting evidence is of special importance during the investigation period and is widely recognized worldwide. In terms of historical development, it is the general historical trend for lawyers to enter the investigation period in the criminal proceedings of legal countries. Comparatively speaking, countries of both legal systems have to a certain extent provided lawyers with the right of investigation and colleting evidence. It is helpful for the perfection of Chinese criminal proceeding system to consider, from the perspective of criminal proceedings composition, the relevant regulations concerning the. solicitor＇s right of investigation and collecting evidence in countries of both legal systems.