论中国刑事司法语境下的有效辩护问题

Questions of Effective Defense to the Criminal Judicature of China

我国单轨制侦查模式、"轨道平行模式"的控辩关系、付之阙如的证据规则、非理性的实用主义诉讼价值观,深刻地影响着律师辩护的实质性。在我国实现有效辩护,应当在有效辩护的理论构成、有效辩护入法、有效辩护的程序性权利供给及其保障机制、辩护律师业务能力、无效辩护制度等方面有所突破。

By reviewing the course of effective defense of the United States, it will help us to appreciate the meaning of effective defense, clear the development direction of defense right, distinguish the lawyer＇ s respon- sibility and the country＇ s duty, tease the relationship between the effective defense and ineffective defense. Features such as the monorail investigation system in China, the＂ rail parallel model＂ relationship between pros- ecutors and defendants, the absence of evidence rules and the irrational pragmatism litigation values profoundly affect the quality of lawyer＇ s defense. In order to implement the effective defense in our country, we should make a breakthrough in the aspects of the effective defense theory, effective defense signed into law, the supply of procedural rights of effective defense and its lid defense system, etc. safeguard mechanism, attorney professional ability and the inva-