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一、引言2009年云南的“躲猫猫”事件及随后各地出现的“喝开水死”、“睡觉死”、“鞋带死”等事件迅即将一直以来被外界遗忘或忽略了的看守所推上了风口浪尖:尽管加强法治建设的工作已经轰轰烈烈地开展了十数年,尽管人权入宪也有了五、六年,但坦率地说,围绕犯罪嫌疑人、被告人的人权保障而展开的探讨、研究、改革,似乎均集中在刑事诉讼的显环节上,如律师在犯罪嫌疑人第一次被讯问时即可介入不应仅仅只能是提供法律咨询、代理申诉、控诉,律师的调查取证权该否具有强制性及完整性,取保候审是否应成为类似于发达国家之保释那样一种权利而非我国
I. INTRODUCTION The “hide and seek” incident in Yunnan Province in 2009 and the subsequent occurrences of “drinking water and boiling water,” “sleeping dead,” “shoelamp dead” and other subsequent occurrences in Yunnan Province will soon be dominated by the outside world The forgotten or neglected detention center has been on the cusp: Although the work of strengthening the rule of law has been vigorously conducted for several decades, it has been frankly stated that although human rights have been incorporated into the Constitution for five or six years, frankly speaking, detention centers around suspects and defendants The discussion, research and reform of human rights protection all seem to be focused on the obvious links of criminal proceedings. For example, when a criminal suspect is interrogated for the first time, a lawyer should be able to intervene not only in providing legal advice, petitioning on behalf of the victim, Complaint, whether the lawyer’s right of investigation and evidence collection is mandatory and complete, whether bail should become a kind of right similar to the bail in developed countries rather than our country