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律师在场权是指在刑事侦查阶段中,犯罪嫌疑人有权要求其辩护律师在场见证审讯过程、监督侦查人员依法办事的权利。该制度自肇端于普通法系以来,至今得到了世界上多数国家的认可与采纳。目前,我国正在进行对刑事诉讼法的修改工作,该制度的本土化亦引起了学术界的关注与探讨。笔者认为,要在我国立法实践中采纳该制度,除了应借鉴国外先进的立法经验,更应当立足于本国具体国情,构建有我国特色的律师在场权制度。
The presence of a lawyer means that in the criminal investigation stage, the criminal suspect has the right to request his defense lawyer to testify during the trial and to supervise the investigating officers’ rights to act in accordance with the law. Since its establishment in the common law system, the system has so far been accepted and adopted by most countries in the world. At present, our country is carrying out the revision of the Criminal Procedure Law. The localization of this system also aroused the attention and discussion of the academic circles. The author believes that in order to adopt this system in the legislative practice of our country, we should draw lessons from the advanced legislative experience in other countries and establish a right of presence of lawyers with our own characteristics based on the specific national conditions of our country.