论刑事辩护全覆盖的保障

On the Guarantee of Full Coverage of Criminal Defense

随着2017年10月《关于开展刑事案件律师辩护全覆盖试点工作的办法》的出台,刑事案件辩护全覆盖试点工作率先在北京、上海、浙江等8个省(直辖市)开展了积极的探索。审判阶段刑事辩护全覆盖对提高我国刑事案件的律师辩护率、对人权保障和司法公正具有重要意义。目前刑事辩护全覆盖试点工作取得了一定的成效,但一些试点地区对辩护律师的认识还存在着偏见,刑事辩护全覆盖对律师数量以及辩护质量等方面也提出了诸多挑战。我国在今后的司法改革过程中应充分吸纳试点地区经验和教训,结合我国的司法现状,采取消除观念偏见、逐步增加律师资源数量、稳步提升律师辩护质量、加强对律师执业权利的保障以及探索资金来源多层次化等保障措施来逐步实现刑事辩护全覆盖。

With the introduction of the "Measures on the Full Coverage of Trial Work for Lawyers Defending Criminal Cases"(hereinafter referred to as "Measures") in October 2017, the trial work for the full coverage of lawyers defending criminal cases has been actively explored in eight provinces and municipalities including Beijing, Shanghai and Zhejiang, etc.. The full coverage of criminal defense in the trial stage is of great significance for improving the rate of lawyers defense in criminal cases in China and finally realizing the goal of human rights protection and judicial justice.At present, the pilot work of full coverage of criminal defense has achieved some results, but it is undeniable that in some pilot areas there are still prejudices in the understanding of defense lawyers and the implementation of full coverage has also posed many challenges in the number of lawyers and the quality of defense. Therefore, in the process of judicial reform in the future, we should fully absorb the experience and lessons of pilot areas. In accordance with "Measures" and the judicial status quo of China, measures shall be taken to eliminate the prejudices, gradually increase the number of lawyers, steadily improve the quality of defense, strengthen the protection of lawyer s right and explore multiple capital sourcesso as to gradually achieve a smooth transition, and eventually realizethe full coverage of criminal defense.