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自1996年我国刑诉法修改后,明确将律师介入刑事案件的时间提前到侦查阶段,却只字未提此阶段律师的诉讼地位问题,引起诉讼实务界与理论界的较大争论。本文试以解决侦查阶段律师的诉讼地位问题,为我国的诉讼实践提供理论依据,以期更好地维护犯罪嫌疑人的合法权益,从而实现惩罚犯罪与保障人权的有机统一。
Since the amendment of the Criminal Procedure Law of our country in 1996, the time before the lawyer involvement in criminal cases has been advanced to the stage of investigation. However, there is no mention of the litigation status of lawyers at this stage, which causes much controversy between litigation practice and theorists. This paper attempts to solve the litigation status of lawyers during the investigation stage and provide a theoretical basis for the litigation practice in our country in order to better safeguard the legitimate rights and interests of criminal suspects so as to realize the organic unity of punishing crime and safeguarding human rights.