审前程序中的律师权利及其保障与实现(上)

Lawyers' Rights during Pre-trial Procedure as well as Its Guarantee and Realization

审前程序中的律师权利不但得到了我国《律师法》与《刑事诉讼法》的广泛体认,而且,其实现还有最高人民法院、最高人民检察院以及公安部、国家安全部、司法部与全国人大法工委等权威部门的多个单独或者联合性规范性文件提供了较为具体而详细的保障。然而,现实中,或此或彼地妨碍律师在审前程序中的权利的实现的现象总是时有发生。因此,为律师在审前程序中的权利的实现的改善提供切实可行的路径,应该是刑事司法中所面临的一个现实而迫切的问题。

Lawyer＇s rights during pre- trial procedure have been realized extensively not only in Law on Lawyers and Criminal Procedure Law, but also its realization has been guaranteed concretely and elaborately by some individual or joint normative documents established by Su- preme People＇ s Court, Supreme People＇ s Procuratorate, Ministry of Public Security, Ministry of State Security, Department of Justice and Legal Council of the National People＇s Congress, etc. However, the phenomenon of obstructing the realization of lawyers＇ rights during pre - trial pro- cedure happens occasionally. Therefore, it is a realistic and urgent issue in criminal justice to provide a feasible way for the improvement of the realization of lawyers＇ rights during pre - trial procedure.