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域外律师参与羁押决定过程的实践、新《律师法》的出台等,为我国建立审查批捕阶段律师参与制度提供了参考蓝本和制度依据。在考察审查批捕律师参与现状及存在障碍的基础上,从告权、受理、核实、处理等四个方面对审查批捕律师参与制度进行了构建。海淀区检察院的司法实践表明,律师参与审查批捕程序的运行效果良好。
The practice of extraterritorial attorneys participating in the process of custody decision and the promulgation of the new “Lawyer’s Law” provide a reference blueprint and system basis for establishing a lawyer participation system during the period of review and approval. On the basis of examining the status quo and obstacles in the process of reviewing and approving arresting lawyers, the system of participating in and reviewing arresting and arresting lawyers has been constructed from four aspects: reporting rights, accepting, verifying and handling. Judicial practice in Haidian District Prosecutor’s Office shows that the lawyers’ participation in the review and apprehension process has worked well.