论侦查阶段的有效辩护

On the Effective Defense of Investigation Stage

律师在侦查阶段为犯罪嫌疑人提供辩护已经成为法治国家的共识,犯罪嫌疑人在侦查阶段获得有效辩护的权利也引起理论界的关注。侦查阶段的有效辩护不仅满足犯罪嫌疑人的基本诉求,符合侦查中心主义向审判中心主义过渡的要求,也昭示向法治国家迈进的态度。但是在我国侦查阶段的司法实践中,存在着辩护率低、辩护质量差,律师辩护权实质内容不足和独立辩护人理论与当事人利益冲突的困境。为此,需要建立辩护质量控制体系,赋予律师在侦查阶段的在场权和树立当事人中心主义的辩护立场,理论界提及的引入无效辩护制度的时机尚不成熟,需审慎而行。

It has become a consensus of countries under the rule of law that lawyers provide defense for criminal suspects in the investigation stage. The effective defense in the investigation stage not only meets the basic appeal of the criminal suspect, but also conforms to the requirement of the transition from being investigation-centered to being trial-centered, and also indicates the attitude of moving towards a country under the rule of law. However, in the judicial practice of China's investigation stage, there exists the dilemma of low defense rate, poor quality of defense, insufficient substantive content of lawyer's right of defense and conflict of interests between the theory of independent counsel and the litigants concerned. Therefore, it is necessary to establish a defense quality control system, endowing the lawyer with the presence right in the investigation stage and establish the defense standpoint of litigantism. The opportunity of introducing the invalid defense system by theoretical circle is not ripe, and it should be implemented cautiously.