论文部分内容阅读
新《刑事诉讼法》的施行,使得律师的辩护权得到延伸和更好的保障;十八届四中全会提出全面推进依法治国,充分发挥律师在法治进程中的作用,律师在刑事诉讼中的作用日益凸显,检察机关工作面临各方面的挑战。审查逮捕工作作为检察机关的一项重要职能,面对挑战亦有喜有忧。律师参与审查逮捕程序可以充分保障犯罪嫌疑人的辩护权,防止冤假错案,维护法律权威。但是目前审查逮捕阶段律师缺少阅卷权,审查逮捕期限短,律师参与方式存在模糊规定,导致审查逮捕阶段的检律关系并不融洽。为了在审查逮捕阶段构建良性、互动的新型检律关系,本文认为需要从理念到行动、从制度到措施予以规划。
The implementation of the new “Code of Criminal Procedure” made lawyers’ rights of defense extended and better protected. The Fourth Plenary Session of the 18th CPC Central Committee proposed to comprehensively promote the administration of the country according to law, give full play to the role of lawyers in the process of rule by law and the role of lawyers in criminal proceedings It has become increasingly prominent that the procuratorial organs are facing various challenges in their work. As an important function of procuratorial organs in examining the arrests, there are also worries in the face of challenges. Lawyers participating in the review of the arrest procedure can fully guarantee the criminal suspects’ right of defense, prevent unjustly wrong cases and safeguard legal authority. However, at present, the lawyers lacking the right to read the jury during the examination of the arrest stage, the short period of time for censorship and the vague provision of lawyers’ participation have led to the uncoordinated relationship between the two parties. In order to build a benign and interactive new legal relationship during the period of review and apprehension, this article thinks that it is necessary to plan from concept to action and from system to measure.