论文部分内容阅读
1996年修订的刑事诉讼法确认了律师在侦查阶段介入诉讼和赋予其会见犯罪嫌疑人的权利,但这一规定并未落到实处,且遭到了来自侦查机关的种种干扰和阻挠。横亘在律师面前的有三大困难,即会见难,阅卷难,调查取证难,其中,“会见难”问题尤为突出。结合司法实践,对律师会见的现状、会见难的原因做了分析深层次,最后对解决如何完善侦查阶段律师会见权提出了建议。
The Criminal Procedure Law, amended in 1996, confirmed the lawyer’s involvement in the litigation process and the right to meet with the suspect. However, this provision did not materialize and was disrupted and obstructed by the investigating authorities. There are three major problems that lie in front of a lawyer, that is, meeting hard, scoring hard, and investigating and obtaining evidence. Among them, the problem of meeting hard is particularly prominent. Combined with the judicial practice, this paper analyzes the current situation of the lawyers’ meeting, the reasons for the difficulty of meeting with them, and finally puts forward suggestions on how to improve the right of the lawyers to meet the investigation stage.