死刑复核程序中辩护权之保障

The Protection of the Right to Defense in the Procedure for Review of Death Sentences

我国2012年修正的刑事诉讼法对死刑复核程序进行了较大幅度的完善,但实践中死刑复核程序的进步乏善可陈。缺位的法律援助、难以行使的辩护权利、过度适用的远程讯问导致死刑复核很难发挥预期的纠错功能。这些问题的出现根源于行政审批式的裁判方式和效率优先的价值观念。要有效实现死刑复核程序的功能,有必要赋予死刑复核程序中的被告人以获得法律援助的权利,强化对辩护律师会见权、阅卷权、调查取证权的保障,限制远程讯问的适用范围。

The criminal procedure law amended in 2012 made great progress on procedure for review of death sentences, but little improvement has achieved as far as judicial practice is concerned. It is very hard for the procedure for review of death sentences to exert its error-correcting function anticipated by the legislator for the following reasons： absence of legal assistance, difficult exertion of the right of defense, and excessive application of remote interrogation. These problems can be attributed to the administrative judging mode and the values of efficiency priority. In order to effectively realize the function of procedure for review of death sentences, we must endow the defendant in the procedure for review of death sentences the right to obtain legal aid, and strengthen the protection of the lawyer ＇ s right of meeting, right of reviewing files, and right of investigating and collecting evidences; besides, we should limit the scope of remote interrogation.