美国公设辩护人制度运作机制研究

Research on the Mechanism of American Public Defender System

公设辩护人制度是美国刑事法律援助的主要实施机制。从实际运作来看,公设辩护人组织多设置于人口稠密地区,建构在联邦和州(县)两个层次上,主要隶属于行政分支,运作经费以州(县)政府拨款为主。公设辩护人的任用、薪水及兼职问题都富有争议。公设辩护人制度受案范围由贫困与案件性质双重标准确定,服务于所有刑事程序阶段,常采纵向代理方式。公设辩护人应遵守律师职业行为规范。从运作机理上分析,保证辩护质量、维护独立性、控制成本、实现司法正义等因素,构建了美国公设辩护人制度运作机制的多元模式。

The public defender system is the leading implementation mechanism for criminal legal aid in American. From the view of actual operation, public defender organizations are often set in densely populated areas at both federal and state （county） level, which affiliate to the executive branch and are mainly funded by appropriations of state and county. Many controversies arise on issues about appointment, salary and part - time service of public defenders. The case scope of public defender system is determined by double standards of indigence and nature of case. Public defenders serve in all phases of criminal proceedings and thus often adopt vertical representation. Public defenders should comply with the lawyers＇ professional code of conduct. With regard to the internal mechanism of the operation, a multivariate model of public defender system operation mechanism can be shaped based on such factors as the guarantee of the defense quality, the maintenance of public defender＇s independence, the cost control of legal aid and the realization of judicial justice.