律师会见权40年:变迁、问题和展望

我国律师会见权自1979年初步确立以来,历经40年不断发展完善。当前律师会见权存在的主要问题是:《监察法》下职务犯罪调查期间的律师会见权亟待完善;办案机关随意扩大会见许可范围,影响制约律师会见权;会见权的内容不明确,会见中律师执业风险大;看守所硬件设施不足,律师会见服务滞后;立法上缺乏救济程序和可操作性。为了强化对律师会见权的保障,建议明确规定职务犯罪调查案件的律师辩护权,进一步明确律师会见权的内容,继续改善看守所硬件设施与服务水平,充分发挥检察监督对律师会见权的保障作用,重视阻碍律师行使会见权的制裁性立法。

Lawyers’ Right to Interview in 40 Years:Changes,Problems and Prospects

Lawyers’ right to interview in China has been developing and improving for 40 years since it was formally established in 1979. The main problems existing in lawyers’ right to interview are: Lawyers’ right to interview during the investigation of duty-related crimes under the Supervision Law is to be improved urgently. Case-handling agencies expand the scope of interview at will,which affects lawyers’ right to interview. The content of lawyers’ right to interview is not clear,and lawyers’ practice risks are high during interviews. Detention house is not equipped with sufficient hardware facilities,and lawyers’ interview service is seriously lagging behind. Legislation lacks remedy procedure and maneuverability. In order to strengthen defense lawyers’ right to interview,it is suggested that lawyers ’right to defend in duty-related crime investigation should be clearly defined;the content of lawyers’ right to interview should be further clarified;hardware facilities and service level of detention house should be continuously improved;safeguard function of procuratorial supervision in lawyers’ right to interview should be given full play;punitive legislation hindering lawyers’ right to interview should be emphasized.