河南警察学院学报

1996年修改后的刑事诉讼法将律师介入刑事诉讼的时间提前到侦查阶段,然而却未对侦查阶段的律师的诉讼地位作出明确规定。无论是从实然还是从应然角度而言,均应赋予侦查阶段的律师以辩护人的地位,从而更好地保障侦查阶段犯罪嫌疑人的合法权利。

After the revised criminal procedure law in 1996,the time of lawyers' involving in a criminal procedure had advanced to the investigation phase.However,it is failed to make clear that the status of the lawyer in the criminal proceeding.No matter in reality or should it be,a lawyer should be given to the defender at all stages of the investigation phase,so that we could better protect the legitimate rights of criminal suspects in the investigation phase.