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1996年修改的《刑事诉讼法》将律师介入刑事诉讼的时间规定为侦查阶段 ,但是并未明确律师在该阶段的地位 ,律师在该阶段应具备的最基本的会见权也未在实践中获得保障。为了切实贯彻《刑事诉讼法》修改的基本精神 ,有必要在法律中明确律师在侦查阶段的地位 ,在实践中保障律师为实现辩护权而拥有的基本权利之一———会见权。
The Code of Criminal Procedure, amended in 1996, set the time for lawyers to intervene in criminal proceedings as the investigation stage but did not clarify the position of lawyers at this stage. The basic right of counsel’s having the most basic right of interview during this period was also not obtained in practice Protection. In order to effectively implement the basic spirit of the revision of the Code of Criminal Procedure, it is necessary to clarify the status of lawyers in the investigation stage and to guarantee in practice the lawyers’ right of access to one of the basic rights they have to realize the right of defense.