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“尊重和保障人权”明确写于宪法中,在刑事诉讼法修订过程中也坚持贯彻了这一原则,犯罪嫌疑人诸项权益的维护在侦查阶段要倚仗于律师执业权利行使的程度。如何在加大对腐败行为打击力度的同时维护当事人合法权益以及在保障律师执业前提下如何应对律师介入的挑战是检察机关反贪部门必须正视的问题。本文认为反贪部门必须认清公民私权利和国家公权力的关系,树立正确的执法理念,注重对侦查权的制约和对当事人及其辩护律师权益的保护,创新升级现有侦查模式。
“Respect and safeguard human rights ” clearly written in the Constitution, in the revision of the Criminal Procedure Law also adhere to this principle, the maintenance of the rights and interests of criminal suspects in the investigation stage to rely on the degree of the exercise of lawyers practice rights. How to deal with the corrupt practices while maintaining the legitimate rights and interests of litigants, and how to deal with the lawyers under the premise of safeguarding the lawyer’s intervention is the prosecutor’s anti-corruption departments must face squarely the question. This article argues that the anti-corruption department must clearly understand the relationship between civil rights and state power, establish the correct concept of law enforcement, pay attention to the restriction of the investigation right and the protection of the rights and interests of the parties and their defense lawyers, and innovate and upgrade the existing investigation mode.