律师会见权的保障与规范

Abstract

会见权是辩护权的衍生权利，其产生与发展见证着刑事法律文明的进程。保障律师会见权是维护犯罪嫌疑人、被告人合法权益的关键，但片面的强调会见权优先不符合案件侦破的客观规律。律师会见权制度的设置，应当围绕保障与规范两个中心来进行。实践当中“会见难”的难题一直在困扰着广大职业律师，另一方面，对于律师会见行为的合法性缺乏有效的监管，律师会见仍然存在一些是否“正当”的困惑。为此，有必要厘清律师会见权的保障与规范的法律意义，立足律师会见的现状与问题，完善律师会见权的保障机制，合理地规范律师会见权。 The right of interview is the derivative right of the right of defense, and its emergence and development have witnessed the progress of criminal legal civilization. It is the key to safeguard the legitimate rights and interests of the criminal suspect and the defendant, but the one-sided emphasis on the right of priority does not accord with the objective law. The establishment of the system of lawyer’s interview right should be carried out around the two centers of security and standardization. In practice, it is difficult to meet the lawyer, and on the other hand, there is the lack of effective supervision of the legality of the lawyer’s interview behavior, and there is still a “legitimate” confusion. Therefore, it is necessary to clarify the legal meaning of the right to interview and regulate the lawyer’s right to interview, and according to the problems arising from the meeting of lawyers, to improve the security mechanism of the right to right to interview lawyers.