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我国刑事辩护制度存在许多缺陷,特别是在侦查阶段对于犯罪嫌疑人权利的保护存在严重的缺陷和不合理之处,使得控辩双方的平衡对抗地位模式无法贯彻落实。具体而言:关于侦查阶段的被告知权利、讯问时的律师在场权、律师会见及侦查阶段的律师身份等问题都没有被法律所明确地肯定,这些空白点在实践中就导致犯罪嫌疑人在侦查阶段的权利极易遭受到侦查机关的损害。因此,我国侦查阶段对犯罪嫌疑人权利保护的改革就显得尤为重要。
There are many defects in the system of criminal defense in our country. Especially in the investigation stage, there are serious flaws and unreasonableities in the protection of the criminal suspects’ rights, making it impossible for the two sides to implement the pattern of balanced and confrontational positions. Specifically, issues such as the right to be informed during the investigation stage, the presence of the lawyer at the time of interrogation, the lawyer’s meeting with the lawyer and the identity of the lawyer during the investigation are not clearly affirmed by the law. These blank points in practice lead to the suspects in the investigation The rights of the stage are vulnerable to the investigation authorities. Therefore, it is particularly important that the reform of the criminal suspects’ rights protection during the investigation stage in our country.