【摘要】 刑事辩护权改革在侦查阶段应遵循辩护权相对被动的原则,辩护人只须具有会见权、讯问在场权和要求对羁押合法性进行审查的申请权,无须赋予其调查取证权。在审查起诉阶段,应遵循控辩双方资源共享的原则,应建立证据开示制度,辩护人应具有全面阅卷权、调查取证权。更多还原

【Abstract】 Several primary principles should be followed in reform in criminal defense system. During investigation period the principle of relative passivity of right of criminal defense acts as direction that defense counsel can simply use the rights of interview, presence at inquisition and requisition for review on validity of detain, while the right of investigation for proof need not be granted. In the procedure of examination for charge criminal defense should conform to the principle of share resources of prosecution and defense that evidence discovery should be established and defense counsel shall have rights of entirely reviewing records and investigation for proof.更多还原