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律师作为刑事辩护制度的重要角色和辩护职能的主要承担者,其诉讼权利应该得到保障。但现实中律师在履行辩护职责,其权利保障遇到种种制度性障碍,致使实践中受聘律师在侦查阶段权利的实现很不理想,这其中固然有立法上的原因,但更与我国传统的刑事司法模式和司法理念相关。本文从侦查阶段律师的权利现状出发,结合刑事程序正义和司法实践,分析导致权利缺失的原因,并提出改革建议,以便有利于实现律师在侦查阶段的权利。
As the important role of the criminal defense system and the main undertaker of the defense function, the lawyer’s right of law should be protected. However, in practice, lawyers encounter various institutional obstacles in the performance of their defense duties, resulting in the fact that the employed lawyers’ fulfillment of their rights during the investigation phase is far from ideal. Although there are legislative reasons for this, it is more in line with our traditional criminal Judicial mode and judicial concept related. Based on the current situation of lawyer ’s rights during the investigation stage, this article analyzes the reasons leading to the loss of rights by combining with the criminal procedural justice and judicial practice, and puts forward the suggestions for reform in order to facilitate the realization of lawyers’ rights during the investigation stage.