讯问时律师在场制度研究

Research on the System of Lawyer on the Interrogating Scene

讯问是侦查、审查起诉和审判阶段必不可少的环节。对讯问活动特别是侦查阶段的讯问活动进行适当监督和制约是规范办案行为,防范冤假错案的内在要求。本文通过梳理对比两大法系律师在场权的不同规定,提出现阶段我国应当初步在侦查、审查起诉和审判阶段建立对被追诉人讯问时律师在场制度。这对未来正式确立律师在场权,遏制刑讯逼供行为,完善辩护制度,提高诉讼效率,保障犯罪嫌疑人、被告人人权等方面具有重要意义。

Interrogation is inevitable section in investigation, prosecution and adjudication. Proper supervision and restriction upon interrogation, especially in investigation phrase, is the inner demand of regulating case handling behavior and preventing unjust, false and wrong cases. Different provisions on lawyer on the scene in two legal systems were analyzed in the paper and system of lawyer on the interrogation scene was put forward to establish initially in investigation, prosecution and adjudication in China, which is significant in establishing the system of lawyer on the interrogation scene formally, stopping extorting confessions by torture, improving system of advocacy, promoting litigation efficiency, assuring human rights of suspect and defendant.