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党的十八大以来,依法治国被提到了国家战略层面,律师在维护公平正义方面发挥着越来越重要的作用。根据刑事诉讼法第38条的规定,辩护律师自检察机关对案件审查起诉之日起可以阅卷。但在案件被退回补充侦查后,律师能否阅卷,在实践和理论中存在这不同的意见。基于现实和理论的问题,本文在比较和借鉴的基础上,提出了自己的看法。
Since the 18th CPC National Congress, governing the country according to law has been mentioned at the national strategic level. Lawyers play an increasingly important role in safeguarding fairness and justice. According to the provisions of Article 38 of the Code of Criminal Procedure, defense lawyers can scrutinize the prosecutorial organs on the day the case is prosecuted for prosecution. However, after the case is returned to the supplementary investigation, whether lawyers can get the marks or not, there are different opinions in practice and theory. Based on the problems of reality and theory, this article puts forward my own views on the basis of comparison and reference.