我国辩护律师侦查阶段阅卷权探析

Analysis on the defense lawyer’s right to review files in China during the investigation stage

我国正在经历“以侦查为中心”向“以审判为中心”转变的司法改革。《中华人民共和国刑事诉讼法》虽然规定了辩护律师在侦查期间可以向侦查机关了解犯罪嫌疑人涉嫌的罪名及案件有关情况,并提出法律意见,但并未明确辩护律师在侦查阶段享有阅卷的权利。从我国司法改革背景、律师阅卷权法理基础等方面考虑,赋予律师侦查阶段阅卷权有其必要性和正当性;同时,可以通过公安电子卷宗制度对个人信息进行保护,严格规定律师的保密义务等配套措施,避免违背“侦查不公开”原则。辩护律师在侦查阶段享有阅卷权,能够确保律师更为充分地了解案情,进而提供更为有效的辩护,有利于保障犯罪嫌疑人合法权益,更好地推动我国司法改革进程。

China is undergoing a judicial reform that transforms from“investigation-centered”to“trial-centered”.Although the“Criminal Procedure Law of the People’s Republic of China”stipulates that defense lawyers can learn from the investigation agency about the suspect’s alleged crimes and relevant circumstances of the case during the investigation period,and provide legal opinions,it does not clarify that defense lawyers have the right to review the files during the investigation stage.Considering the background of China’s judicial reform and the legal basis of lawyers’right to review files,it is necessary and legitimate to grant lawyers the right to review files during the investigation stage;at the same time,personal information can be protected through the electronic file system of the public security organs,and supporting measures,such as lawyers’confidentiality obligations must be strictly stipulated to avoid violating the principle of“non-disclosure of investigation”.Granting defense lawyers the right to review files during the investigation stage can ensure that lawyers fully understand the facts of the case and provide more effective defense;it is conducive to protecting the legitimate rights and interests of criminal suspects and better promoting the judicial reform process in China.