论文部分内容阅读
新《刑事诉讼法》颁布实施以来,律师会见在押犯罪嫌疑人、被告人难的问题较之以往有了比较大的改善,但是实践中又出现了一些侦查机关运用新的方式来限制律师会见的情况,以致律师会见权仍然得不到足够的保障。结合2012年《刑事诉讼法》修订前后所表现出来的律师会见问题,我们认为导致这一现状既有立法步子迈得还不够开的原因,也有侦查机关观念滞后等原因。对此,应该从细化会见审批,保障律师会见的私密性,构建权利救济体系等方面进一步完善刑事诉讼立法。同时,通过促进法律共同体观念的更新和良性互动来推动律师会见难问题的解决。
Since the promulgation and implementation of the new Code of Criminal Procedure, there has been a considerable improvement in the lawyers ’difficulties in meeting with suspects and defendants in custody. However, in practice, some investigative agencies have also adopted new ways to restrict the lawyers’ As a result, lawyers’ right of access to the law still lacks sufficient protection. In view of the problems of lawyers meeting before and after the revision of the 2012 Criminal Procedure Law, we think that the current situation is not only because the pace of legislative steps is not yet enough, but also because of the lagging concept of the investigation authorities. In this regard, we should further improve the criminal procedure legislation in the aspects of approving the examination and approval, safeguarding the privacy of lawyers’ meetings and establishing the right relief system. At the same time, it promotes the solution to the difficult problem of lawyers by promoting the renewal and benign interaction of the legal community.