论律师在侦查阶段的诉讼地位和诉讼权利

On Pefection of Lawyer's Prosecution Status and Right in the Detective Stage

我国刑事诉讼法规定了律师在侦查阶段就可以介入刑事诉讼,但没有明确规定律师在侦查阶段的诉讼身份,并对律师介入侦查的诉讼权利进行种种限制,难以发挥律师在侦查阶段的职能作用。本文着重就律师在侦查阶段应以什么身份介入侦查以及在侦查阶段应享有哪些诉讼权利作了阐述并提出个人看法和建议。

Our criminal law states that the lawyers can intervene the criminal prosecution in the stage of detection, but it doesn't mention their status and gives lots of limits on their prosecution right, so that it prevents the lawyers from exerting their functions in the stage of detection. This article is focused on these matters and the writer gives his own ideas and suggestions on what status the lawyers should take and what right they should have in the stage of detection.