论死刑案件指定辩护的有效性

The Effectiveness of Appointed Defense in Death Penalty Cases

死刑刑罚具有不可逆转性,死刑案件指定辩护的有效性是法治从形式正义走向实质正义的必然,是刑事国际司法准则、平等原则和人权保障理念的基本要求。然而我国指定辩护中有效辩护保障机制的阙如及无效辩护的现实之巨大反差,使得完善我国死刑案件指定辩护制度成为亟待解决的问题。实现死刑案件指定辩护的有效性,需从实行死刑案件指定辩护律师资格认定制、设置辩护质量的底线标准、确立程序救济渠道等方面加以着手。

Death penalty is irreversible,the effectiveness of the death penalty appointed defense is not only the inevitable requirement which makes the rule of law go from form justice to essence justice but also the basic requirement of International criminal judicial criteria、the principle of equality and human rights protection concept.Yet the reality of the huge contrast between the security mechanism of effective defense in appointed cases and the ineffective defense causes perfecting the appointed defense mechanism of the death penalty become a problem to be solved.The implementation of the effectiveness of the death penalty appointed defense needs to set up aqualification system of appointed defense lawyer,a bottom line of the defense quality and the consequences of procedure.