〈中華民國憲法〉第16條規定：「人民有請願、訴願及訴訟之權」，而為落實平等保障人權之旨，臺灣於2004年1月實施〈法律扶助法〉，並由司法院捐助成立財團法人法律扶助基金會，對於無資力或其他原因，而無法受到法律適當保護人民，提供必要之法律扶助。該基金會為因應司法實務需求及加強人權保障，於2007年9月17日開始試辦推行《檢警第一次偵訊律師陪同到場》專案扶助。蓋因涉刑事案件之被告或犯罪嫌疑人於警察及調查機關所製作第一次偵訊筆錄時，常因法律知識不足或因面對強勢之偵訊人員，而作出不詳實與違背自己意思之陳述。雖然〈刑事訴訟法〉中有強制辯護之規定，但將強制辯護限縮於審判階段，進而否認偵查中存在強制辯護之概念，此無異是否認、捨棄偵查階段對於犯罪嫌疑人應有之人權保障。故而法律扶助基金會推行此專案，除可維護〈憲法〉所保障人民之訴訟權外，亦可確保警、調單位於偵訊時更符合法定程序，降低所製作偵訊筆錄內容之爭議，對偵查及審判效率之提升，有相當幫助。《檢警第一次偵訊律師陪同到場》專案申請量自2007年以來，一直未有提升，自2008年至2010年，均只維持每年約600件左右申請案，佔全國案件總量中之極低比例。專案實施成效不彰的根本原因，在於偵訊人員之作業習慣或組織文化，對於律師到場陪同偵訊並不歡迎。本研究擬將藉由法律社會學之途徑，以參與觀察和深度訪談，針對於警、調單位對於偵訊時被告或犯罪嫌疑人有請辯護人在場協助之疑慮及扶助律師於陪訊時所面臨之問題進行探討，以期了解實質辯護之無法落實以及法律扶助基金會專案申請量無法提升之法社會文化原因，以便未來能在立法強制外，也能就臺灣法文化的病灶中找到改變觀念的解決方式。

The Constitution of the Republic of China Provision 16 provides: The people have the petitions, appeals and litigation rights”. For fulfilling the purpose of equally protecting human rights, the Legal Aid Act was passed on December 23, 2003 and was promulgated by the President on January 7, 2004. According to the act, the Legal Aid Foundation (LAF), funded by the Judicial Yuan, will provide that assistance to eligible applicants whom require professional legal assistance but are without the means of paying the costs of litigation and legal fees. For improving the need of judicial practice and human rights protection, LAF launched the ”Pilot Program of First Criminal Interrogation Accompanied by Legal Aid Attorney” on September 17, 2007. When a citizen is charged with punishment for contravention of the law and under first criminal interrogation by police and interrogative agencies, if he is short of legal knowledge and facing with strong staff of the interrogation, he is easy to present a crude statement against his own mean. The Code of Criminal Procedure provides a mandatory defense for the suspects, but it forces the defense to narrow at the trial stage. It is tantamount to deny and abandon the suspect's human rights protection in the investigation stage. Therefore, the implementation of this project of the LAF will protect peoples' constitution right of action and ensure that police and investigative agencies in the interrogation are more in line with the statutory procedures to reduce the controversy over the content of interrogative record. It is useful for improving the efficiency of detection and trial. Since 2007, the quantity of applying for the ”Pilot Program of First Criminal Interrogation Accompanied by Legal Aid Attorney” has been no increase. From 2008 to 2010, there were only about 600 cases in one year to apply for the case. It is very low proportion in the total cases. The founded causes of the project's ineffective implementation is the habits or organizational culture of the interrogators whom are not welcome for the lawyer to attend the interrogation. Through the approach of legal sociology, this study intends to participate, observe and deeply interviews in order to understand what the differences of concern between police and investigative agencies and lawyers in the process of the first interrogation. Our goal is to find out the legal, social and cultural reasons of the insufficient effectiveness of lawyers' factual defense and LAF project's applications. We hope that the future legislation will require mandatory defense for the suspects and find a solution from legal culture to change the concepts of police and investigative agencies. The Constitution of the Republic of China Provision 16 provides: ”The people have the petitions, appeals and litigation rights”. For fulfilling the purpose of equally protecting human rights, the Legal Aid Act was passed on December 23, 2003 and was promulgated by the President on January 7, 2004. According to the act, LAF, funded by the Judicial Yuan, will provide that assistance to eligible applicants whom require professional legal assistance but are without the means of paying the costs of litigation and legal fees. For improving the need of judicial practice and human rights protection, LAF launched the ”Pilot Program of First Criminal Interrogation Accompanied by Legal Aid Attorney” on September 17, 2007. When a citizen is charged with punishment for contravention of the law and under first criminal interrogation by police and interrogative agencies, if he is short of legal knowledge and facing with strong staff of the interrogation, he is easy to present a crude statement against his own mean. The Code of Criminal Procedure provides a mandatory defense for the suspects, but it forces the defense to narrow at the trial stage. It is tantamount to deny and abandon the suspect's human rights protection in the investigation stage. Therefore, the implementation of this project of the LAF will protect peoples' constitution right of action and ensure that police and investigative agencies in the interrogation are more in line with the statutory procedures to reduce the controversy over the content of interrogative record. It is useful for improving the efficiency of detection and trial. Since 2007, the quantity of applying for the ”Pilot Program of First Criminal Interrogation Accompanied by Legal Aid Attorney” has been no increase. From 2008 to 2010, there were only about 600 cases in one year to apply for the case. It is very low proportion in the total cases. The founded causes of the project's ineffective implementation is the habits or organizational culture of the interrogators whom are not welcome for the lawyer to attend the interrogation. Through the approach of legal sociology, this study intends to participate, observe and deeply interviews in order to understand what the differences of concern between police and investigative agencies and lawyers in the process of the first interrogation. Our goal is to find out the legal, social and cultural reasons of the insufficient effectiveness of lawyers' factual defense and LAF project's applications. We hope that the future legislation will require mandatory defense for the suspects and find a solution from legal culture to change the concepts of police and investigative agencies.