论我国刑事缺席审判有效辩护的实现路径

Analysis on the Path of Realizing Effective Defense in Criminal Trial by Default

刑事缺席审判制度作为一项具有“天然缺陷”的制度,必须依靠有效辩护理念作为其程序运行的支撑,以弥补其程序正当性。我国刑事缺席审判中律师有效辩护存在会见权缺失、调查取证权阻却等问题,辩护律师面临前所未有的挑战。通过对律师执业权利的充分保障、制定辩护律师的准入标准,利于推进刑事缺席审判程序的有效辩护。

As a system with"natural defects",the system of criminal trial by default must rely on the concept of effective defense as the support of its procedural operation to make up for its procedural legitimacy.In criminal trial in absentia,there are some special problems with effective defense of lawyers,such as the lack of right to meet and the obstruction of right to investigate and collect evidence.Through the full protection of lawyers'right to practice and the establishment of access standards for defense lawyers,the effective defense of criminal trial procedure in absentia can be realized.