论侦查讯问时律师在场权的构建

On the Construction of Lawyer’s Right of Presence during Investigation and Interrogation

摘要: 近年来刑事冤假错案不断曝光，侦查讯问时犯罪嫌疑人被刑讯逼供、屈打成招是造成冤案屡屡发生的重要原因。由于侦查活动具有秘密封闭性的特点，除了侦察机关和犯罪嫌疑人外，外界很难参与进去，这也为侦察机关的权力滥用提供了方便的空间和条件，同时立法上对犯罪嫌疑人在侦查阶段的程序性权力保障缺失，使得在侦查讯问时犯罪嫌疑人的合法权益难以得到有效保护。律师在场权的确定，能实现司法公正，更大力度保护犯罪嫌疑人的合法权益。

Abstract: In recent years, unjust, false and wrong criminal cases have been exposed continuously. The important reason for the occurrence of unjust cases is that suspects are tortured to extort confessions and forced to confess. Due to the closeness of investigation activities, it is difficult for the outside world to participate in the investigation activities except for the investigation organs and suspect, which also provides convenient space and conditions for the abuse of power of the investigation organs. At the same time, the lack of legislative protection of the procedural power of suspect in the investigation stage makes it difficult to effectively protect the legitimate rights and interests of suspect during investigation and interrogation. The determination of the right of lawyers to be present can achieve judicial justice and protect the legitimate rights and interests of criminal suspects more vigorously.