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在现代社会,侦查是刑事诉讼的基础,侦查程序的公正是保证庭审程序的公正、乃至整个刑事诉讼程序公正的前提。律师在场权是对侦查权的一种制衡,有利于保障犯罪嫌疑人辩护权的有效行使。目前,大多数国家赋予律师侦查阶段的在场权来保证犯罪嫌疑人口供的任意性和真实可靠性,防止侦查人员在讯问时采取刑讯逼供等非法手段获取犯罪嫌疑人的口供。我国刑事诉讼法没有规定侦查阶段辩护律师在场制度。从必要性和可行性两个方面来探讨我国应在侦查程序中建立律师在场权。
In modern society, investigation is the basis of criminal procedure. The justice of investigation procedure is the prerequisite of guaranteeing the impartiality of the procedure of trial and even the whole criminal procedure. The right of attorney is a kind of check and balance to the right of investigation, which helps to guarantee the effective exercise of the criminal suspect's right of defense. At present, most countries give lawyers the right to be present during the investigation phase to ensure the arbitrary and true reliability of the criminal suspects' testimony and to prevent investigators from obtaining the confessions of criminal suspects through illegal means such as torture during interrogation. China's Criminal Procedure Law does not provide for the presence of defense lawyers during the investigation stage. From the necessity and feasibility of two aspects to explore our country should establish the presence of lawyers in the investigation process.