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逮捕是剥夺犯罪嫌疑人人身自由的最严厉的司法强制措施。应当由律师参与审查逮捕程序,维护犯罪嫌疑人人权和其他诉讼权利。但现时律师参与审查逮捕程序不易把握审查逮捕与侦查的内部衔接机制。主客观情况使检察官并不热衷律师参与审查逮捕程序。解决这些问题应当修改刑事诉讼法,在法律层次建立律师参与审查逮捕、公开听证、当事人及受托律师申请复议、复核以及应当讯问犯罪嫌疑人等制度。构建检察、侦查、律师间三角制衡关系,使审查逮捕程序公开透明,实现律师参与审查逮捕程序诉讼法律化。
Arrests are the most severe judicial coercive measure to deprive a criminal suspect of personal liberty. Lawyers should be involved in the process of reviewing the arrests, safeguarding the human rights of suspects and other procedural rights. At present, however, it is not easy for lawyers to participate in the review of arrest procedures to grasp the internal linkage mechanism for the examination of arrests and investigations. The subjective and objective conditions make prosecutors less enthusiastic about lawyers participating in the review of arrest procedures. To solve these problems, the Criminal Procedure Law should be amended. At the legal level, lawyers should be established to participate in the process of examination and arrest, public hearings, applications by parties and trustees for reconsideration, review, and interrogation of suspects. Constructing a system of checks and balances among procuratorates, investigators and lawyers, making procuratorial and arresting procedures open and transparent and legalizing the participation of lawyers in the process of reviewing arrest proceedings.