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从规范层面分析,新《律师法》的施行将使职务犯罪侦、诉部门丧失以往的证据优势。如何理性应对新《律师法》给职务犯罪侦查、公诉带来的挑战,笔者主张应当在侦查取证中强化“公诉引导”的理念,并在加强公诉对初查的引导、完善侦查讯问同步录音录像、建立预先审查证据制度三方面提出一些具体建议。
From the normative level analysis, the implementation of the new “Lawyers Law” will enable job-related crimes investigation and litigation departments to lose their previous evidence advantages. How to deal with the challenges posed by the new “Lawyers Law” to the investigation and prosecution of job-related crimes rationally? The author advocates that we should strengthen the concept of “prosecution-led” in investigation and evidence-gathering and improve the guidance of prosecution on the preliminary investigation and the improvement of investigation and interrogation Audio and video recording, the establishment of pre-scrutiny evidence system put forward some specific recommendations.