论侦查阶段律师会见权的保障

1996年的刑事诉讼法确认了律师在侦查阶段介入诉讼,会见犯罪嫌疑人的权利,但这一规定并未使律师在侦查阶段会见犯罪嫌疑人成为常态,解决侦查阶段的会见难,应该另辟蹊径,从以下方面入手:确立沉默权制度;规定在阻止律师会见的情况下所获得的口供不能作为定案的根据;赋予法院对侦查活动的程序合法性进行审查的权力。

Argument about Safeguarding the Attornney''s Right of Meeting with Criminal Suspect in Detection

Law of Criminal Procedure in 1996 confirmed attorne y's right of participating lawsuit and meeting with criminal suspect in the stage of detection,but it is not general that the attorney meets with criminal suspect in the stage of detection.Meeting with the difficulty of meeting,we should obtain from following aspects: establishing silence right system;The oral confession which is achieved by way of preventing the attorney meeting can not be regarded as verdict basis;awarding the court the authority of investigating and deciding about whether the detection is valid.