获得律师帮助权观照下侦查阶段辩护权的困境与进路

On the Difficulties and Routes of Suspects' Defense Right during the Investigation Stage from the Perspective of Acquiring Lawyers' Help

在刑事诉讼中,犯罪嫌疑人权利保护日益受到重视。我国刑事法律经过修改,采取了诸多措施加强对犯罪嫌疑人及被告人的权利保障。由于受历史与现实中的因素制约,犯罪嫌疑人及被告人的权利保障工作进展并不顺利,特别是侦查阶段犯罪嫌疑人的权利保障工作亟待加强。新的刑事诉讼法将辩护的起点提前至侦查阶段,无疑是犯罪嫌疑人基本人权的又一制度性安排。以侦查阶段犯罪嫌疑人获得律师帮助权为研究起点,深度分析辩护权延伸至侦查阶段存在的问题及原因,进而提出相应改进建议。

In China, the protection of suspects＇legal rights in the criminal proceedings is drawing more and more attention. China~ criminal laws have been modified to take various measures to strengthen the rights protection of suspects and defendants. However, constrained by many historical and realistic factors, this work is not going smoothly, especially during the investigation stage. The revised Criminal Procedure Law brings forward the start time of defense to the investigation stage, which is undoubtedly a institutional arrangement concerning the fundamental human rights of suspects. Taking the right of suspects to acquire lawyers help as research starting point, analyzing the issues and reasons of such a phenomenon, and then making improvement suggestions.