美国刑事无效辩护制度及其对我国的借鉴

The Ineffective Defense Assistance System in American Criminal Procedure and Its Reference Experience

美国不仅有世界上最严密的刑事诉讼规则,还有非常完备的辩护律师制度。其中,刑事诉讼中的无效辩护规则是被告人获得律师帮助最有力的救济措施。美国最高法院确立的无效辩护标准包括形式标准和实质标准。基于提高刑事辩护的质量,确保刑事被指控人的辩护权的真正实现,我国应当借鉴美国的无效辩护制度,从立法和司法上进一步完善刑事诉讼法律制度、律师刑事辩护规则和律师职业伦理规则等。

American criminal procedure rules are the most comprehensive in the world as well as their defense counsel system in which the rules on ineffective defense assistance are the most powerful remedies for the accused to get access to assistance from lawyers. The US Supreme Court has established standards of ineffective defense assistance both in form and in substance. In order to improve the defense quality in criminal procedures in our country,and to ensure the accused to exercise their rights of assistance,the ineffective defense assistance system of America should be learned from for reference. Moreover,the criminal litigation system,rules on criminal defense counsel and rules on lawyers＇ professional ethics should also be perfected in our county in both legislation and judiciary.