浅议侦查阶段的律师调查取证权

On lawyers' Right to Investigating and Collecting Evidence in Investigation Stage

调查取证权是辩护律师的一项基本权利,但是我国司法实践中一直存在律师调查取证难的困境。文章从律师调查取证权的法理基础以及赋予侦查阶段律师调查取证权的现实必要性出发,明确了在现行刑诉法下侦查阶段赋予律师调查取证权,能够更好地行使律师辩护权,履行辩护职责,从而最大程度维护侦查阶段犯罪嫌疑人的合法权益。

The right to investigating and collecting evidence is lawyers＇ basic right,but it is hard for the lawyers to investigate and collect evidence in judicial practice in China.From its legal basis and practical necessity,this article makes clear that lawyers can carry out the right to defense better and perform the duties of the defense when offered the right to investigating and collecting evidence in investigation stage under the current criminal procedure law so as to protect the suspects＇ legitimate rights and interests to the greatest extent in investigation stage.