通向正义之路:从比较法的角度谈新《律师法》之下的侦查阶段律师会见权  

To the Road of Justice:A discussion of Lawyer's Right of Meeting on Investigation Stage Under the New Lawyers' Law in the View of Comparative Law

作　　者：谢欣[1] 

机构地区：[1]华东政法大学,上海201620

出　　处：《湖南公安高等专科学校学报》2008年第5期31-34,共4页Journal of Huan Public Security College

摘　　要：《律师法》经过修改已经颁布。侦查阶段的律师会见权无疑是此次修改的亮点,可以预见也是实践操作中的难题。律师会见权在侦查阶段对于犯罪嫌疑人有着独特的价值,更是整个刑事诉讼辩护制度的基点。律师会见权于国际条约和一些法治发达国家都有规定。对我们国家侦查阶段的律师会见权的设置,应当全面、辩证地看待,既要充分认识律师会见权的积极面,也要看到其相对性、消极面;既要符合法治现代化潮流,也要充分考虑国情民情、刑事政策,吸取国外立法的精华,摆准当前价值追求的准星,把人权保障与犯罪控制置于天平的两端,冷静而务实地衡量出最为精准的目标。The Layers Law has been revised and issued. The layer＇s right of meeting on investigation stage is undoubtedly the lightspot of the revision, and it can be foreseen and a difficulty in practical operation. The lawyer＇s right of meeting on investigation stage is of special value for criminal suspect, and it＇s basic point of the whole criminal defense system. The lawyer＇s right of meeting has been stipulated in has been stipulated by international treaties and developed ruling-by-law countries. Our country＇s establishment of lawyer＇s fight of meeting should be overall and dialectic：not only realize the positive side of the lawyer＇s right of meeting, but also its relativity and passive effect ; not only in accordance with the trend of modern riding - by - law, but also considering state condition and public feelings as well as criminal policies, absorbing the elite of foreign legislations, adjusting the standard of current value pursuit, balancing the protection of human rights and crime control, and calmly and constructively measuring the most accurate objective.

关 键 词：新律师法 律师会见权 比较法 

分 类 号：D925.2[政治法律—诉讼法学]