完善我国死刑复核程序法律援助制度之构想

To Improve Legal Aid in Death Penalty Review Procedures

《法律援助法》规定死刑复核案件被告人,有权获得法律援助,法律援助制度得到较大发展。但《刑事诉讼法》对于死刑复核程序规定较为简单,对于被告人及其律师的辩护权行使内容缺乏具体详细规定。死刑复核案件缺乏程序保障,律师执业权利行使障碍重重,而被告人接受法律援助要“以提出申请为限”,其辩护权难以保障。未来死刑复核程序被告人应当无条件获得法律援助,提高法律援助质量,保障被告人辩护权充分有效行使,体现司法公正。

As stipulated in the Law of Legal Aid,the defendants in review cases of death penalty are entitled to legal aid,which demonstrates a giant step in the legal aid system.On the contrary,the provisions in the Criminal Procedure Law concerning the review procedures of death penalty tend to be relatively simple and short of specific and detailed provisions on the exercise of the defense rights of either the defendants or their lawyers.Without procedural protection,a lawyer’s right to practice would be obstructed in the death penalty review cases while the defendant’s right to be defensed could not be guaranteed since the legal aid is restricted by"application only".In the future,the defendants in the death penalty review procedure should enjoy unconditional access to legal aid so as to improve the quality of legal assistance,ensure the complete and effective exercise of the defendant’s right to defense,and ultimately demonstrate the legal justice.