审判中心视野下的律师有效辩护

发布时间：2018-03-10 10:32

本文选题：审判中心　切入点：庭审实质化　出处：《当代法学》2017年06期 　论文类型：期刊论文

【摘要】：在以审判为中心的刑事诉讼制度改革中,律师辩护起着举足轻重的作用。该项改革以庭审实质化为重心、以案件繁简分流为配套,辩护律师的作用首先体现在协助犯罪嫌疑人、被告人作出程序选择,并且保障犯罪嫌疑人、被告人认罪认罚的自愿性、真实性、明智性,但简易、速裁程序的大规模适用压缩了律师的辩护空间。值班律师制度的建立,实现了刑事法律援助在案件范围上的全覆盖,有助于保障犯罪嫌疑人、被告人获得律师帮助的平等与及时,但律师辩护的有效性则难以得到充分保障。庭审实质化改革与律师辩护相互促进,在庭审实质化改革中,尤其需要保障辩护律师申请证人出庭的权利、调取新证据的权利以及在必要时申请重新鉴定的权利。制定基本证据标准指引,有助于强化律师辩护的可预期性,但应防止因司法僵化制约律师辩护的有效性。应注意从提高律师辩护率、加强律师辩护功能和提升律师辩护质量等方面促进律师有效辩护目标的全面实现。
[Abstract]:In the reform of the criminal procedure system centered on trial, the lawyer's defense plays an important role. The reform focuses on the essence of the trial, and takes the simple and complicated cases as the supporting set. The role of the defense lawyer is first reflected in assisting the criminal suspect. The defendant makes the procedure choice, and guarantees the criminal suspect, the defendant pleads guilty to admit the punishment voluntarily, the authenticity, the wisdom, but the large-scale application of the simple, quick adjudication procedure has reduced the lawyer's defense space, the establishment of the duty lawyer system, It has realized the full coverage of criminal legal aid in the scope of the case, which helps to ensure the equality and timeliness of the assistance of criminal suspects and defendants with the help of lawyers. However, the effectiveness of lawyers' defense is difficult to be fully guaranteed. The reform of trial materialization and the defense of lawyers promote each other. In the reform of court hearing, it is especially necessary to protect the right of defence counsel to apply for witnesses to appear in court. The right of access to new evidence and, if necessary, the right to apply for a reappraisal... the establishment of guidelines on basic evidentiary standards helps to enhance the predictability of counsel's defence, However, it should be prevented from restricting the validity of lawyer's defense because of judicial rigidity, and should be paid attention to from the aspects of improving lawyer's defense rate, strengthening lawyer's defense function and improving lawyer's defense quality, and so on, to promote the full realization of lawyer's effective defense goal.
【作者单位】：中国社会科学院法学研究所;
【分类号】：D925.2

【相似文献】