简论刑事侦查阶段辩护制度之完善

Brief Discussion on Completing the Defending System during Criminal Investigation Stage

律师在侦查阶段即可介入刑事诉讼是我国诉讼文明的一大进步。刑事诉讼法修正案和刑法修正案实施几年来逐渐暴露出法律和实际工作中的诸多问题。完善以律师为主的辩护制度 ,首先要着手确定律师侦查阶段的辩护人地位 ,还要克服律师在侦查阶段的会见难、调查取证难以及执业风险等突出问题 ,这些问题的及时解决已成为律师能否在侦查阶段真正发挥作用的关键。

Lawyers stepping into criminal lawsuits during criminal investigation stage is a great progress in the litigation civilization of our country. Since the implementation of criminal litigation law revised edition and criminal law revised edition several years ago, many problems have gradually emerged in practical legal work. To complete the defending system dominated by lawyers, it is in the first place to establish the position of defending lawyers during the criminal investigation period, and then to overcome the obvious problems of difficulties in meeting and in investigation evidencing, and to reduce the risk in the lawyers profession. The timely solving of these problems has become the key to the functioning of lawyers during the criminal investigations.