嫌疑人近亲属辩护处域强化论

The theory of Strengthening the circumstances to Defense of suspects’ Near Relatives

嫌疑人近亲属的辩护处域遭遇差别对待,在一定程度上限制了嫌疑人辩护权的行使。本文阐述了保障嫌疑人辩护权,重塑嫌疑人近亲属辩护处域,应当从人性和法理双重视角进行反思。在此基础上,应当确定近亲属辩护处域的重塑基准,对近亲属辩护处域作出理性定位。

The circumstances of suspects＇ near relatives to defense are subjected to differential treatment, which defines suspects＇ right to defense. To keep suspects＇ right to defense, we must reconsider it from dual angles of the human nature and the legal theory if we want to remold the circumstances of the suspects＇ near relatives. In this foundation, we should determine the baseline of circumstances the suspects＇ near relatives and make rational positioning about it.