完善死刑案件被告人辩护制度之构想

Suggestions on Perfecting the Advocacy System for the Defendant on Death Penalty Cases

现行刑事诉讼法在辩护制度规定方面存在许多缺陷,对关乎生命的死刑案件,这些缺陷更为明显。主要体现在控辩双方法律地位不平等(包括取证权不平等、会见权不平等)、被告人的自行辩护权得不到充分保障、面临死刑者无法获得充分的律师帮助等。提出构建控辩双方法律地位平等的诉讼模式、完善被告人的自行辩护权、保障死刑案件被告人充分的律师帮助权的改革思路。

There are many defects in the system of advocacy on the code of criminal procedure in force; they are much more serious in the death penalty cases, which show in many fields such as the unequal position between the prosecutor and the defendant （including the unequal way of obtaining evidence, as wen as the fight of interview）, Self-right to defense of accused can＇t be ensured, and the dying accused can＇t gain the abundant aid, etc. This essay shows many ways of reform on the lawsuit component of the equal legal position, perfecting the self-right to plead for the accused, and ensuring the abundant rights of aid by the lawyers in the death penalty cases.