监察委员会调查阶段律师介入的制度构想

The System Conception of the Intervention of Lawyers in the Investigation Stage of the Supervisory Commission

国家为推进监察体制改革,出台了《中华人民共和国监察法》,对于增强反腐败工作的法治保障,推进国家治理体系和治理能力现代化发挥了重要作用。《监察法》规定的留置措施在性质上与刑事诉讼强制措施极为类似,但《监察法》未在监察委员会调查阶段规定律师介入的内容,对保护被调查人的正当权益极为不利。应当明晰律师介入调查程序的合理性与必要性,参照《刑事诉讼法》的相关规定进行制度设计,化解不利风险,寻求最佳路径选择。

In order to promote the reform of the supervision system, the State promulgated the Supervision Law of the People's Republic of China, which played an important role in strengthening the rule of law for anti-corruption and promoting the modernization of the national governance system and governance capacity. The retention measures stipulated in the Supervision Law are very similar in nature to the criminal procedure enforcement measures. However, it does not require the involvement of lawyers in the investigation stage of the Commission, which is extremely detrimental to the protection of the legitimate rights and interests of the person under investigation. The rationality and necessity of the lawyers' involvement in the investigation procedure should be stated clearly. A system design should be carried out in accordance with the relevant provisions of the Criminal Procedure Law, and the adverse risks should be resolved so that the best path can be found.