我国刑事被告人获得律师帮助权的立法考察与分析

On the Legislative Investigation and Analysis of Criminal defendant's Access to the Right to counsel

我国法律规定了被告人享有辩护权,并且这种权利的行使可以得到律师的帮助,律师在刑事诉讼中的职责就是依据事实和法律为委托人进行辩护,维护其合法权益。但是从现行制度下被告人和辩护律师所享有的权利来考察,很难说被告人真正地、充分地享有辩护权,因为在刑事诉讼中被告人和辩护律师所享有的权利十分有限,辩护律师在刑事诉讼中也不享有完整的辩护权,同时司法现况与被告人获得律师帮助权的基本要求差距甚大。本文对我国被告人获得律师帮助权制度及其运行进行了考察,并对相关问题进行了分析。

It is regulated in Chinese law that defendant has the right to defense and the use of this right can be helped by lawyers.The duty of lawyers in criminal procedure is to defense for defendants according to facts and law so as to maintain their lawful rights and interests.However,under present system,from the rights of defendants and lawyers,we can say it is very hard for defendants to fully have the right of defense due to the limited rights of defendants and lawyers regulated in criminal procedure.Lawyers can not have complete defense rights and there exists great distance between the present legislative situation and defendants' demand for the right to counsel.This paper investigates the criminal defendant's access to the right to counsel and its operation,analyzes the relevant questions.