论我国刑事诉讼中口供证据地位——兼论律师在场权

On the Evidence Status of Oral Confession in Criminal Lawsuit

以口供在我国传统刑事诉讼到目前刑事诉讼法中证据地位的转变为基点分析,起源于西方的律师在场权制度所保护的法益:防止在侦查过程中过度的依赖口供,遏制刑讯逼供和保障犯罪嫌疑人的沉默权,在我国已经基本实现。不仅如此,我国现阶段还尚不具备设置律师在场权的基本法制环境,若急于设置将冲击口供普通证据地位。故主张目前我国不需要赋予律师在场权。

Based on analyzing the change of oral confession status from traditional criminal procedure to the current in our country, the legal interests—to prevent excessive reliance on confessions during the investigation process, to deter and protect the suspect＇s right of silence that originations in the west of the lawyer＇s presence right system protect have been largely achieved. Not only that, but also there is no atmosphere to set the right of lawyer＇s presence right at this stage in China. Setting it eagerly will lead to an abnormal state. Thus we claim that it is no immediate need to endow the lawyers with the presence right.