获得律师的有效辩护是获得辩护权的核心——对宪法第125条获得辩护条款的法解释

To Gain the Lawyer' s Effective Counsel is the Core of the Right to Counsel——The construction of the constitution Article 125 "the accused has the right to counsel"

宪法第125条"被告人有权获得辩护"的核心是获得律师的有效辩护。有效辩护意味着被追诉人能得到完整而充分的辩护,"完整"是指从获得辩护的适用范围来看,在整个诉讼阶段被追诉人都有权获得辩护;从获得辩护的行使方式来看,可以采用实体性辩护和程序性辩护两种方式。充分是指从效果来看,应该充分保障获得辩护权的行使,注重辩护的实质性以最大限度地保障被追诉人的合法权益。同时,获得辩护权还以平等保护为原则,因此,建立相应的法律援助如公设辩护人制度是获得辩护权的应有之义。

The core of the constitution article 125 ＂the accused has the right to counsel＂ is to gain the lawyer＇s effective counsel. Effective counsel＇s standards are complete and fully. Complete counsel means the accused is entitled to the right in the whole criminal procedure and can use the substantive defense and procedural defense. Full counsel means the accused should fully be guaranteed the exercise of the right, including obtaining rapid told right, giving lawyers＇extensive rights, get a lawyer~ counsel complete and equally, paying attention to the essence defense and protecting the lawful rights and interests of the accused. Meanwhile, The principle of equal protection is the base of the right to counsel, so the government must set up legal aid system, such as the public defense system.