论犯罪嫌疑人的辩护权及其保障

犯罪嫌疑人作为被追诉人,应当享有辩护权。犯罪嫌疑人的辩护权在行使的空间、时间、环境等方面与被告人相比具有不同的特点,决定了应设立相应的保障机制。联合国一系列国际性文件对犯罪嫌疑人的辩护权作出了相应规定,世界主要法治国家亦赋予了犯罪嫌疑人辩护权,其充分程度及保障水平已超出了国际标准。参照国际标准及法治国家先进做法,我国法律应赋予犯罪嫌疑人不被强迫自证其罪的权利、被讯问时律师的在场权利、与律师自由联络、会见的权利、取得法律协助的权利等,并应对律师的阅卷权、调查取证权等加以保障。

On the Right to Defence of the Criminal Suspect and Its Guarantee

As an investigated individual, the criminal suspect should have the right to defense. Compared with the defendant's right to defense, that of the criminal suspect has the dissimilarities in terms of space,time and enviroment, which come to a decision that a corresponding guarantee mechanism should be established. The right to defense of the criminal suspect has been correspondingly provided in a series of international documents of United Nations, And the main countries under the rule of law have given the right to the criminal suspect even more than that of the international standard. According to the international standard and the advanced practice of the countries under the rule of laws, our law should give the criminal suspect the right of silence, the right to possess lawyer's presence while being interrogated, the right to contact and meet with a lawyer freely, and the right of acquiring legal aid, etc. lawyers'right to consult materials and collect evidences etc, should be guaranteed as well.