辩护权的辩护:刑事辩护权改革初探

The Defence of the Right to Counsel Defense:the Criminal Right to Counsel Constructs Initially

现行立法对辩护权规定过粗,限制过严,是一种“虚化”的权利;同时,在司法实践中,律师不愿参与刑事辩护,刑事辩护权之改革显得尤为必要。具休对策是:在实践层面上,确保控辩双方诉讼资源共享;在制度层面上,充分保障律师辩护权。

The present legislation stipulates to the right to counsel excessively thickly, Limits excessively strictly, Is one kind ＂empty＂ right ; At the same time, In the judicial practice, attorney is not willing to participate in the criminal defense, again constructs the criminal right to counsel to appear especially essential, the is： In the practice stratification plane, the renewal thought, guarantees controls debates bilateral lawsuit resources sharing; In the system stratification plane, bases the reality, fully safeguards attorney the right to counsel.