中日侦查阶段律师辩护制度比较研究

侦查程序作为刑事诉讼的重要组成部分,应具有侦查机关与犯罪嫌疑人之间平等对抗的“诉讼”特性。在犯罪嫌疑人受各种条件的限制不可能实现其自行辩护权利的情况下,犯罪嫌疑人辩护律师辩护职能的充分发挥无疑对达到这种“平等对抗”具有至关重要的作用。反观我国的现行立法,由于受各种因素的影响,律师在侦查阶段辩护职能发挥得并不理想。基于此,本文针对这一问题,通过与正在进行改革并已取得巨大成功的日本相关制度进行比较分析,以期从中获得有益提示。

A Comparison of the Institution of the Defendant Lawyer in Japan and China in the Process of Investigation

As important part of criminal procedure, the process of investigation should has "litigation" character which will produce equal fight between investigator and criminal. Under the circumstance which has kinds of limited conditions for the defendant, so he couldn't fulfill his self-defense right .The role of defendant lawyers are vital to this kind of equal fight. Viewing our present law the role of defendant lawyers in the process of investigation didn't fulfill very well. Based on this issue ,by comparison with the related Japanese institution ,which are improving and gain great success .Expecting to draw some prompting from it.