关于侦查讯问中律师在场制度的理性分析

律师在侦查讯问中的在场权与律师在侦查阶段所享有的其他权利有着本质的不同.世界各国对侦查讯问中的律师在场制度大都采取了谨慎的态度,力图在刑事诉讼的双重目的与价值间寻求平衡.该制度所固有的弊端和其在我国所面临的特殊困难,决定了我们必须对其作出细致、合理的限制性规定,才能使其适应我国的国情和保持刑事诉讼价值的平衡.

The Rational Analysis on the Counsel-Present System in Interrogating Suspects Process

The counsel's right of presence in interrogating suspects process is distinct from his other rights in the period of investigation essentially.Most countries in the world take a cautious attitude towards the counsel-present system and try to keep balance between the double aims and values of the criminal procedure.Because of the inherent defects of it and the special difficulties with which it is faced in our country,this system can be adapted to the situation of our country and keep balance between the double values of the criminal procedure only if we restrict it carefully and properly.