新刑事诉讼法下的侦辩关系研究

A Study on the Relationship between Defense and Investigation under the New Criminal Procedure Law

刑事诉讼的历史就是辩护权不断扩大的历史。辩护权发展的核心在于辩护人介入刑事诉讼程度的不断深入以及辩护权的不断完善。公安机关需要正确理解辩护律师在侦查阶段的辩护人法律地位及会见通信权、讯问在场权、调查取证权等诉讼权利。辩护律师在侦查阶段主要是帮助犯罪嫌疑人行使辩护权并监督制约侦查机关的活动,维护犯罪嫌疑人的人权。

The history of criminal procedure law is the process in which the right to defense has continuously expanded. The core of the development of fight to defense lies in the constant extension of the lawyer participating in the criminal prosecution as well as the constant improvement of fight to defense. The public security organs should have a correct understanding of lawyers＇ litigation status of defenders, meeting and communication rights, consulting and presence rights as well as fight of investigation and collecting evidence. At the investigative stage, defense lawyers mainly help suspects to exercise fight to defense, supervise the activities of investigational organs and safeguard suspects＇ human rights.