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新刑事诉讼法与律师法保持了一致,赋予了律师更大的权利,其中特别是律师会见权、调查取证权、阅卷权,可以说新刑事诉讼法的出炉对于完善律师及其犯罪嫌疑人的权利保护,促进民主法制建设,维护社会公平正义,推进依法治国,具有非常重要的意义。但是,律师权利的扩张也给检察机关的侦查监督工作提出了挑战。同时,新刑诉法也增加了许多新的内容,比如增加了逮捕必要性、羁押必要性、批捕听取律师意见、自我监督投诉等内容,针对刑诉法修改后侦查监督工作面临的新问题,应当从检察实务操作层面和司法机制建构层面谋划相关对策。
The new Criminal Procedure Law is consistent with the lawyer’s law and gives lawyers more rights. Among them, the lawyers’ right to meet, the right to investigate and receive evidence and the right to readjudges can be said that the release of the new Criminal Procedure Law is of great importance to improving lawyers and their criminal suspects The protection of rights, the promotion of democracy and the legal system, the maintenance of social justice, and the promotion of governing the country according to law are of great significance. However, the expansion of lawyer’s rights also poses challenges to procuratorial organs’ investigation and supervision. At the same time, the new Criminal Procedure Law also added many new contents, such as increasing the necessity of arrest, the necessity of detention, arresting the opinions of solicitors and self-supervision complaints. In view of the new problems confronting investigation and supervision after the modification of the Criminal Procedure Law, Relevant countermeasures should be formulated from the procuratorial practice level and the judicial mechanism level.