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我国侦查阶段律师帮助制度的完善:其难点是实现侦查需要与人权保障的平衡,其重点是合理规制侦查权、赋予辩护方适当的救济手段;必须坚持规则法定、平衡兼顾、权利保护、程序归责等四项原则;应当优化构建聘请律师权、案情知悉权、会见交流权、法律帮助权、律师在场权、获取证据权、司法救济权等七项具体权利;还需要指定律师帮助、同步录音录像、非法口供排除、审前司法审查、律师权益保障等五项配套制度的跟进。
At the investigation stage, the lawyer helps the system to be perfected: the difficulty is to realize the balance between the need of investigation and the protection of human rights. The emphasis is on the reasonable regulation of the investigative power and the proper remedy to the defense. The rule of law must be adhered to, the balance should be balanced, the protection of rights, the procedure Responsibilities and other four principles; should optimize the construction of hiring a lawyer, the case to know the right to meet the exchange of rights, legal assistance, the presence of lawyers, access to evidence, the right to judicial relief seven specific rights; also need to specify a lawyer help, simultaneous recording Follow-up of five supporting systems such as video recording, exclusion of illegal statements of confession, judicial review before trial and protection of lawyer’s rights and interests.