我国程序性辩护的现状和完善

The Current Situation and Perfection of Chinese Criminal Procedural Defense

在对抗式司法理念的指导下,加强犯罪嫌疑人、被告人的诉讼权利,强化其辩护权以及实现控辩双方平等武装成为刑事诉讼立法的焦点。伴随我国刑事诉讼理论研究的不断深入,程序公正在刑事诉讼法中地位的提高,程序性辩护逐渐进入立法者的视野。《刑事诉讼法修正草案》确认了程序性辩护制度,并构建了相应的配套机制,但是依然存在一定的缺陷,应当从构建司法审查制度和优化程序性制裁机制两个方面进一步予以完善。

Under the guidance of the idea of adversavial judicial, the legislation of criminal procedural law tends to reinforce the security of defendant＇s rights, especially strengthen their defense right to realize the ＂equality of arms＂ between the prosecution and the accused. Recently in china,criminal procedure theory has been further improved, and procedure justice enheneed,which contributes to legislator gradually pay more attention to procedure defense. Based on the analysis of the rivised draft of criminal procedure law, in order to make procedural defense be a further development and work effectively in criminal judicial practice, the article sets out the current situations and accounts for the existence of situations. On the basis of these analysis,the author proposed that procedure denfense should be perfected in china by constructing the judicial review system and procedural sanctions machanism.