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辩护律师对当事人以外其他被羁押人的调查取证问题,我国立法上缺乏明确规定和程序保障,实践中有关职权机关则普遍予以禁止,由此导致律师调查取证权落空,这不仅妨碍了被追诉人辩护权的有效行使,也阻碍了案件真实的发现。根据被羁押人诉讼地位和所处诉讼阶段之不同,对当事人以外的被羁押人进行分类,针对不同性质的被羁押人提出不同的调查取证规则,可以解决实践中辩护律师对当事人以外其他被羁押人调查取证难的问题。
In the legislation of our country, there is a lack of explicit stipulations and procedural safeguards in the investigation and evidence collection of the detainees other than the parties concerned. In practice, the relevant organs of authority generally prohibit the investigation, which leads to the failure of lawyers to investigate and obtain evidence. This not only hinder the prosecutors The effective exercise of the right of defense also hindered the real discovery of the case. According to the legal status of the detainees and the stages in which they are litigated, the detainees outside the parties are classified and different rules of investigation and evidence collection are put forward for the detainees of different nature so as to solve the problem that in practice the defense lawyers are detained outside the parties People survey evidence difficult problem.