律师介入监察腐败犯罪调查程序问题研究

Research on the Lawyer Involving Investigation Procedure of Supervisory Corruption Crimes

监察法的实施以及刑事诉讼法的修改,确立了监察机关在打击腐败犯罪领域的主导地位。但因腐败犯罪调查性质不明,在监察机关展开腐败犯罪调查时,自身违规调查如何处置,两法皆未给予足够关注;基于刑诉法的相关规定,律师是否有权介入腐败犯罪调查阶段,两法亦未对此进行立法明确。故有必要对腐败犯罪调查的律师介入问题进行研究,从腐败犯罪调查权性质入手,聚焦律师介入的重要性及必要性,进而明确律师介入的角色及赋权属性。

With the implementation of the Supervision Law and the revision of the Criminal Procedure Law,the dominant position of the supervisory organs in the fight against corruption crimes has been established.However,due to the unclear nature of the investigation of corruption crimes,when the supervisory authorities launched the investigation of corruption crimes,the two investigations were not given sufficient attention.According to the relevant provisions of the Criminal Procedure Law,lawyers have the right to intervene in the investigation stage of corruption crimes.The two laws have not legislated for this.Therefore,it is necessary to study the lawyer's intervention in the investigation of corruption crimes,starting from the nature of the investigation power of corruption crimes,focusing on the importance and necessity of lawyers'intervention,and then clarifying the role and empowerment of lawyers.