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新刑诉法强化了律师的辩护权,就律师的会见权、阅卷权和取证权给予了进一步的保障。这其中关于对侦查期间律师会见权的相关规定,对检察机关反贪部门办理贿赂案件的侦查工作影响颇大。在实践中,个别律师滥用新刑诉法赋予的权利,违法违规会见犯罪嫌疑人的情况已出现。鉴于此,设想建立律师与贿赂案件嫌疑人会面录音录像制度以平衡检查权与会见权的冲突。
The new Criminal Procedure Law reinforces the lawyer’s right of defense and gives further protection to counsel’s rights of meeting, reading and obtaining evidence. Among these, the relevant provisions on the right to interview with lawyers during the investigation period have had a significant impact on the investigation of handling bribery cases by the anti-corruption departments of the procuratorial organs. In practice, individual lawyers abuse the rights conferred by the new Criminal Procedure Law, and the situation that the criminal suspects have been met by law and irregularities has appeared. In view of this, it is envisaged to establish a system in which lawyers and bribery suspects meet to record and record videos in order to balance the conflict between the right of inspection and the right of access.