受传统法律观念、经济因素、侦查观念和侦查技术、律师素质及配套制度等多方面的制约，长期以来实践中侦查阶段辩护难的问题较为突出，表现为相关立法的缺失，辩方的力量过于弱小，控辩结构不够均衡，因刑讯逼供导致的冤假错案时有发生，侦查阶段律师辩护人的地位至今未得以确认，犯罪嫌疑人的辩护权未能得到充分保障等。律师在场权是对如今犯罪嫌疑人侦查阶段享有权利的有利补充，能够进一步实现诉讼民主，且符合程序参与原则，彰显了被追诉者的主体性；能够有效防止刑讯逼供，保障人权；能够推动侦查观念和侦查手段的进一步转变；能够强化法律监督的作用，保证办案质量，维护公平正义，维护法律尊严；能够提高律师在刑事诉讼中的地位和作用，提高辩护律师的办案积极性；使得我国刑事侦查程序合法有序的进行，以保障国家法治进程健康发展。基于上述考虑，2010年10月12日北京市检察院第二分院推出的《关于辩护律师旁听讯问办法（试行）》尚不完善，还存在着适用范围局限，包括适用对象的局限，适用阶段的局限，适用目标延伸的局限性等，同时对律师在场权的内容规定的也较为模糊，对律师在场权在讯问中起到的作用也不够明确等等，有进一步改进的必要。完整的律师在场权应包括：全程在场权、权利告知权、提供法律咨询权、监督异议权、记录讯问内容、核签权等。本文共五部分。第一部分主要介绍了律师在场权的界定、权利渊源和法理基石，为律师在场权的研究提供了理论基础。第二部分分析借鉴了国外律师在场权的立法和实践情况，为我国律师在场权的研究提供了参照。第三部分着重分析了律师在场权在我国的现状、发展和成因，确定律师在场权设置的必要性和可行性。第四部分以北京市检察院二分院近日出台的《关于辩护律师旁听讯问办法（试行）》为视角，从正反两个方面对其中的律师旁听讯问制度做了剖析，在反思的同时对后续律师在场权制度的完善做了展望。第五部分是对全文的综述和总结。

Because of the limitation of Chinese traditional legal concepts, economic factors, the conception of investigation and the technologies of detection, and lawyer’s capacity and related supporting systems, for a long time in the investigation stage of criminal procedure the difficulties that lawyers defending for suspects are more prominent, manifesting that lack of relevant legislation, the strength of the defense is too weak, prosecution and the defense is not enough balanced structure, extort confession by torture occurred due to miscarriages of justice, the status of lawyer during the investigation stage has not been confirmed, suspect's defending right has not been able to fully obtain, and so on. Presence right of lawyer during the procedure of investigation is a beneficial supplement to the defending right of suspects, which can enjoy the beneficial supplement to further action to achieve democracy, satisfy the principle of participation in accordance with procedures, highlights the subjectivity of the defendants; prevent torture and protect human rights, to promote the investigation concepts and investigative techniques to further change; strengthen the role of legal supervision to ensure the quality of handling cases, to maintain fairness and justice, uphold the dignity of law, lawyers in criminal proceedings can improve the status and role in enhancing the enthusiasm of the defense lawyers , actively promote legal and orderly conduct of investigative procedures, and ensure the healthy development of the national legal process. Based on the above considerations, October 12, 2010 Second Branch of Beijing Municipal Procuratorate launched a "sit in on the questioning of defense counsel (trial)" is not perfect, there is still scope limitations, including the limitations applicable to the object, the limitations period applicable for an extension of the limitations of target, while the presence of counsel under the right content is also more vague, the presence of lawyers the right to play a role in the questioning is not enough clear and so the need for further improvement. The presence of complete right to counsel should include: full presence, the right to provide legal advice, supervision right to dissent, to record the questioning content, attested rights.This article consists of five chapters. Chapter 1 provides fundamental theory by introducing the scope, origin sources and basic theory of presence right of lawyer during the procedure of investigation. Chapter 2 compares the presence right of lawyer on the legislation or in cases in some foreign countries as the references to that of in China. Chapter 3 analyzes the presentation, development circumstances and causes of the presence right of lawyer in our country, which is to establish the necessity and feasibility to construct the presence right of lawyer. Chapter 4 describes the recently enacted "the regulations that lawyer take part in the interrogation as an observer (test-practice)" of the Second People's Procuratorate of Beijing city from both positive and negative aspects, based on perfection of the presence right of lawyer. Chapter 5 is a summary of the article.