刑事案件律师辩护全覆盖试点研究报告——基于S省C市试点的分析

A Pilot Study on the Full Coverage of Lawyers' Defense in Criminal Cases——Based on the Analysis of Pilot Project in C City of S Province

S省C市作为全国刑事案件律师辩护全覆盖的试点地区,通过增加指派辩护,目前已基本实现了试点单位审判阶段律师辩护的全覆盖,但实证考察发现,该试点地区律师辩护的"过程作用"和"结果作用"发挥不够,一些案件尚未达到有效辩护的基本标准,其原因在于我国刑辩资源供给不足、法律援助衔接机制不畅、相关法律制度乏力,故而完善刑事案件律师辩护全覆盖工作的当务之急应当是统筹优化刑辩律师资源,加强法律援助经费保障,完善法律援助的工作协同和衔接机制,强化律师辩护质量监督,深化相关配套制度改革。

As a pilot area for the full coverage of lawyers'defense in criminal cases throughout the country,C City of S province has basically completed the full coverage of the lawyers'defense in the trial stage of pilot unit by increasing the number of appointed defenses.However,the empirical analysis shows that the"process role"and"result role"of lawyers'defense in this pilot area are not fully played.Some cases have not yet reached the basic standard of effective defense,which is attributed to the insufficient supply of criminal defense resources in our country,the uncoordinated cohesion mechanism of legal aid and the imperfect relevant legal system.Therefore,it is urgent to optimize the resources of criminal defense lawyers,strengthen the financial support for legal aid,improve the coordination and integrated system of legal aid,improve the quality supervision of lawyers'defense and deepen the reform of related supporting systems to achieve the full coverage of lawyers'defense in criminal cases.