以审判为中心的语境下律师有效辩护的现实阻碍与破解之道

Realistic Obstacles and Solutions to Lawyers'Effective Defense in the Context of Trial as the Center

有效辩护的理念起源于美国,强调律师在刑事诉讼过程中认真履行辩护职责,并积极提出有利于被告减轻或豁免的辩护意见。其判断标准包括主观和客观两方面。虽然自十八届四中全会提出以审判为中心的刑事诉讼改革以来,越来越需要贯彻有效辩护的理念,以平衡控辩双方的作用从而实现庭审的实质化,但是在保障律师有效行使辩护权方面仍然存在层层障碍。

The concept of effective defense originated in the United States,emphasizing that lawyers earnestly perform their defense duties in criminal proceedings,and actively put forward defense opinions that are beneficial to the defendant's mitigation or immunity.The judgment criteria include subjective and objective aspects.Although since the trial-centered criminal procedure reform was proposed in the Fourth Plenary Session of the Eighteenth Central Committee,there has been an increasing need to implement the concept of effective defense in order to balance the roles of the prosecutor and the defender,with a view to realizing the substantive trial of the court.However,there are still many obstacles to ensure that lawyers effectively exercise their right of defense.