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近年来,对于国家应否通过立法赋予律师在侦查讯问犯罪嫌疑人时享有在场权的问题,一直存在较大争议。目前,该项权利的建立并不能实现我国现阶段惩罚犯罪与保障人权的平衡,无助于侦查活动的顺利开展,也不是遏制刑讯逼供最现实有效的措施。同时,侦查讯问时律师在场并不是现代国家的通例。因此,目前在我国暂不宜确立侦查讯问时律师在场制度。
In recent years, there has been much controversy over whether the state should give lawyers the opportunity to gain the right of presence when interrogating criminal suspects. At present, the establishment of this right can not achieve the balance between punishing crime and safeguarding human rights at the present stage in our country, does not help the smooth development of investigation activities, nor is it the most realistic and effective measure to curb the extortion of torture. In the meantime, it is not a common practice in modern countries to be present when investigating interrogations. Therefore, it is not appropriate in our country to establish the system of lawyers present at the time of interrogation.