职务犯罪新型侦辩关系的定位及构建
发布时间：2018-09-03 11:06
【摘要】：立法修改和诉讼制度改革都逐步增强了律师执业权利的保障,为实现职务犯罪侦查权与辩护权的动态平衡,必须对职务犯罪侦辩关系重新审视和理性定位,从传统的"部分对抗、单向制约"关系转而构建"平衡+协作"的良性互动关系,平衡是基础,协作是补充,平衡中包含对抗和制约,协作中包含监督与促进。应从以下方面着手构建"平衡+协作"的新型侦辩关系:侦辩双方增强互信沟通;侦辩双方建立相互监督机制;及时保障律师会见权;有效保障律师救济权;建立侦查程序证据有限开示制度;尝试侦辩交易制度。
[Abstract]:Legislative revision and litigation system reform have gradually strengthened the protection of lawyers' right to practise. In order to realize the dynamic balance between the right to investigate and defend duty crimes, it is necessary to re-examine and rationally position the relationship between the investigation and defense of duty crimes. From the traditional relationship of "partial confrontation, one-way restriction" to "balanced cooperation", the benign interaction relationship is constructed. Balance is the foundation, cooperation is the complement, balance includes confrontation and restriction, and cooperation includes supervision and promotion. The new relationship of "balanced cooperation" should be constructed from the following aspects: enhancing mutual trust and communication between the two sides, establishing mutual supervision mechanism, ensuring the right of lawyers to meet in time, ensuring the right of lawyers to remedy effectively; Establish the system of limited discovery of evidence in investigation procedure and try to deal with investigation and defense.
【作者单位】： 中国政法大学刑事司法学院;
【分类号】：D925.2
，
本文编号：2219802
[Abstract]:Legislative revision and litigation system reform have gradually strengthened the protection of lawyers' right to practise. In order to realize the dynamic balance between the right to investigate and defend duty crimes, it is necessary to re-examine and rationally position the relationship between the investigation and defense of duty crimes. From the traditional relationship of "partial confrontation, one-way restriction" to "balanced cooperation", the benign interaction relationship is constructed. Balance is the foundation, cooperation is the complement, balance includes confrontation and restriction, and cooperation includes supervision and promotion. The new relationship of "balanced cooperation" should be constructed from the following aspects: enhancing mutual trust and communication between the two sides, establishing mutual supervision mechanism, ensuring the right of lawyers to meet in time, ensuring the right of lawyers to remedy effectively; Establish the system of limited discovery of evidence in investigation procedure and try to deal with investigation and defense.
【作者单位】： 中国政法大学刑事司法学院;
【分类号】：D925.2
，
本文编号：2219802
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