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随着刑事诉讼法修正案草案在十一届全国人大常委会第二十二次会议上进行了审议,如何加强对人权的保护意识,如何更有效的在侦查阶段实现对犯罪嫌疑人人权的保障成为了本次刑诉修正案的亮点。而在侦查阶段加强辩护律师的作用,设立侦查阶段的律师在场权就是一项可以借鉴的方式。为此,本文以律师在场权为主要研究对象,对该权利的内涵、含义及存在的法理基础进行论述,以期正确处理好惩治犯罪与保障人权的关系。
As the draft amendment to the Criminal Procedure Law is examined at the 22nd meeting of the 11th NPC Standing Committee, how to strengthen the protection awareness of human rights and how to effectively protect the human rights of criminal suspects in the investigation stage? Became the bright spot of this criminal appeal amendment. In the investigation stage to strengthen the role of defense lawyers, the establishment of the investigation stage of the presence of lawyers is a way to learn from. Therefore, this article takes the lawyer’s presence as the main research object, and expounds the connotation and meaning of the right as well as the existing jurisprudence basis so as to correctly handle the relationship between punishing crimes and safeguarding human rights.