自侦案件中律师权利的实现与保障——以贿赂案件为视角

The Implementation and Guarantee of Lawyers' Rights in the Self-investigating Cases——From the Perspective of Bribery Cases

自侦案件因其案件的特殊性,使得律师权利的实现与保障也有着区别于其他案件的鲜明特点。检察机关独揽自侦案件的侦查、立案、起诉、监督和受理司法救济等诸多权利,导致律师权利受到侵害时救济无门。从保障律师权利的法理依据出发,分析了自侦案件中律师权利实现与保障存在的问题,尤其是对重大贿赂案件中律师权利实现与保障存在的问题进行了分析,初步探究构建了律师权利实现机制的方案。

Because of the particularity of the self-investigating cases, the implementation and guarantee of lawyers＇ rights has the distinct characteristics which are different from other cases. The procuratorial organs have too much power in the self-investigating cases, such as investigation, filing cases, prosecution, supervision, accepting the judicial relief and so on, which result in that the lawyers＇ rights can＇t get relief when infringed. Starting from the legal basis of protecting the lawyerg rights, the paper analyzes the problems existing in the implementation and guarantee of lawyers＇ rights in the self -investigating cases, especially in the major bribery cases, in addition, the paper also tries to establish the project of the implementation mecha- nism of lawyers＇ rights.