我国有效辩护制度审视与展望

Inspection and Forecast on the System of Effective Advocacy in China

被追诉人的自我辩护权和获得律师辩护权是其最重要的两项刑事诉讼权利。有效辩护制度的建立则是被追诉人辩护权保障的关键。我国刑事诉讼法修正前的辩护制度广受质疑,修正后的刑诉法虽允许被追诉人在侦查阶段即可获得律师辩护,扩大了辩护律师和被追诉人的诉讼权利范围并强化了相应保障措施,但这些修正内容的落实仍有许多悬而未决的问题。此次修改能否建立我国的有效辩护制度,尚待进一步观察。

The right to defense and the right to counsel are the most important rights for the prosecuted in criminal procedures. And the establishment of the system of effective defense is the key to protecting the fight to defense of the accused. The system of defense before the revision of the Criminal Procedure Law is widely questioned. Although it is permitted for the prosecuted to acquire the defense of a lawyer during the stage of investigation by the revised Criminal Procedure Law, which enlarged the scope of the procedural rights of the prosecuted and the lawyer and consolidated the related ensuring measures. However, there are still many questions yet to be resolved about the implementation of those revisions. Whether the system of effective defense can be established through those revisions this time is still in doubt in the author＇ s opinion.