论侦查权与调查取证权之良性博弈构造

Creating a Benign Game between Investigative Power and the Rights of Case Investigation and Evidence Collection

2012年修订的刑事诉讼法确立了人权保障的理念。在刑事诉讼中,保障人权更多的是体现在保障犯罪嫌疑人、被告人的诉讼权;为此,刑事诉讼法在诉讼的各个阶段都加强了对犯罪嫌疑人权利保障。在侦查阶段,强化了辩护律师的诉讼地位,明确了辩护律师享有的诉讼权利。但是在司法实践中,辩护律师调查取证难的现象依然突出,侦查权与调查取证权依然处于失衡的博弈状态,因此,进一步强化辩护律师调查取证权,实现与侦查权的良性博弈显得尤为重要。

The Criminal Procedure Law amended in 2012 established the concept of human rights protection. In criminal proceedings, the protection for human rights is primarily embodied in protecting the rights of criminal suspects and defendants in litigation. To this end, the amended Criminal Procedure Law has strengthened protections for the rights of criminal suspects at every stage of the proceedings. At the investigation stage, the defense lawyers＇ status in litigation is emphasized and their litigious rights are explicitly stipulated. Even so, as the investigative power and the rights of case investigation and evidence collection remain unbalanced in the game, the defense lawyers still encounter difficulties in case investigation and evidence collection. Therefore, it＇s particularly important to further strengthen the defense lawyers＇ rights of case investigation and evidence collection, thereby realizing its benign balance with the investigative power in the game.