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新《律师法》与《刑事诉讼法》及配套司法解释和部门规章,在律师会见犯罪嫌疑人是否需要批准,以及会见期间侦查机关是否派人在场等方面的规定存在冲突。这种冲突是旧法滞后所致。在司法实践中,应实行新法优于旧法的原则,同时加速《刑事诉讼法》的修订。此外,侦查机关也应采取切实措施,积极应对可能出现的反侦查等挑战。
There is a conflict between the new Lawyers Law and the Code of Criminal Procedure and related judicial interpretations and departmental rules, whether the lawyers meet with the suspects for approval and whether the investigating authorities are present during the meeting. This conflict is caused by the old law lag. In judicial practice, the principle that the new law is superior to the old one should be implemented and the amendment of the Criminal Procedure Law accelerated at the same time. In addition, the investigating authorities should also take practical measures to actively respond to possible counter-investigation challenges.