走向权利的辩护

Defense: the Would-Be Right

辩护本来是一种权利,但在很多情况下似乎成了一种待遇。走向权利的辩护,说明现实的辩护权还未完全、充分地权利化,需要把辩护权提升为每个公民的基本宪法权利,犯罪嫌疑人、被告人及其辩护人需要获得更充分的被指控犯罪的信息,而辩护权的真正实现更依赖并检验正当程序。没有正当程序就没有辩护权,没有辩护权就不是正当程序。因此,走向权利的辩护不仅仅是一种批判,更是一种完善与追求。

To defense is in its nature a kind of right,yet it has seemingly become a treatment in quite a few occasions.The title of this essay means that the current right of defense has not yet been truly and thoroughly recognized as a right.It is therefore advocated that the right of defense should be catalogued into the basic constitutional rights of citizens.Suspects,defendants and their defenders need to know more comprehensive information against them.The true realization of the right of defense depends much upon the due process,and at the same time functions as a test of it as well.In other words,no due process,no right of defense;no right of defense,the due process will no longer exist.Therefore,defense,the would-be right means not only a criticism,but also an improvement and an ambition.