论我国公设辩护人制度的建立
发布时间：2019-02-22 10:37
【摘要】：辩护权是被追诉人最基本的权利之一,可以说辩护权贯穿在刑事诉讼的每一个阶段。辩护权能保障被追诉人行使自己的诉讼权利,处于弱势地位的被追诉人只有借助诉讼权的行使才能维护自己的合法权益。面对国家强大的公检机关,被追诉人只有通过专业律师的辩护,才能抗衡国家机关,维护自己的合法权益,让法官综合双方的辩护意见做出公正的法庭判决。 公设辩护人制度可以有效的保障贫困被追诉人行使自己的辩护权,对我国的刑事法律援助制度起到很好的补充作用。由国家财政出钱,为经济困难的被追诉人提供高质量的法律援助服务,这样既可以落实国家尊重与保障人权的原则,又可以维护司法公正,最重要的是满足广大贫困被追诉者的现实需求。但是,公设辩护人制度尚未在我国建立。现实中,我国仍有大量的被追诉人因为经济困难无法聘请律师来为自己进行有效的辩护,我国在公设辩护人这方面已经落后,国外发达国家对贫困被追诉者的权利保护做的很到位,非常重视这方面的制度建设,先后建立了本国的公设辩护人制度。随着我国经济水平的提高,公民人权意识的增加,人们开始关注保障自己的个人权利,建立公设辩护人制度可以有效地保障公民的诉讼权利。 为了探索出一条既能保障贫困被追诉者的诉讼权利,又能符合我国国情的公设辩护人制度的模式,本文从以下几个方面进行论述。 第一部分明确公设辩护人制度的概念并论述了公设辩护人制度与法律援助制度的异同,阐明该制度产生的理论基础,提出国家必须承担起为被追诉人提供法律援助责任这一结论。 第二部分介绍了台湾地区的公设辩护人制度,考察了域外的英美等国家公设辩护人制度,论述了公设辩护人制度在上述国家与地区的发展情况,总结了其特点以及对我国的启示。 第三部分从完善与发展我国的刑事法律援助,建立我国的公设辩护人方面论述了我国刑事法律援助现状,并分析了其中存在的问题。指出我国上海浦东为改善这种不利局面率先开展公设辩护人办公室实践,具有可行性,但具体措施需要进一步细化。接着论述了我国建立公设辩护人制度的可行性分析。现阶段设立公设辩护人制度不仅是国家落实尊重和保障人权原则的要求,更是满足刑事法律援助需求的要求。而从机构设置、人才选拔、资金支持等多方面进行分析,提出建立我国公设辩护人制度的建议。
[Abstract]:The right to defense is one of the most basic rights of the accused, and it can be said that the right of defense runs through every stage of the criminal procedure. The right of defence can guarantee the litigant to exercise his own litigation right, and the litigant in weak position can protect his legal rights and interests only by the use of the exercise of litigation right. In the face of the powerful public procuratorial organs of the country, only through the defense of professional lawyers can the accused resist the state organs, safeguard their legitimate rights and interests, and let the judges synthesize the defense opinions of both sides to make a fair court decision. The public defender system can effectively protect the poor accused to exercise their right of defence, and plays a very good supplementary role to the criminal legal aid system of our country. The financial contribution of the State to provide high-quality legal aid services to those prosecuted in financial difficulties, which will not only implement the principle of respect for and protection of human rights by the State, but also preserve the fairness of the administration of justice. The most important thing is to meet the actual needs of the majority of the poor prosecuted. However, the public defender system has not yet been established in China. In reality, there are still a large number of indictees who are unable to hire lawyers to defend themselves effectively because of economic difficulties, and our country has fallen behind in this regard in terms of public defenders. Developed countries in foreign countries have done a good job in protecting the rights of those prosecuted in poverty, attached great importance to the construction of the system in this respect, and successively set up their own system of public defenders. With the improvement of our country's economic level and the increase of citizens' awareness of human rights, people begin to pay attention to the protection of their own personal rights, and the establishment of the public defender system can effectively protect the citizens' litigation rights. In order to explore a model of public defender system which can not only protect the litigation rights of the indigent indictees but also conform to the national conditions of our country, this paper discusses from the following aspects. The first part clarifies the concept of the public defender system, discusses the similarities and differences between the public defender system and the legal aid system, and clarifies the theoretical basis for the emergence of the public defender system, The conclusion that the State must assume the responsibility of providing legal aid to the accused. The second part introduces the public defender system in Taiwan, inspects the public defender system in Britain and America, and discusses the development of the public defender system in the above countries and regions. This paper summarizes its characteristics and enlightenment to our country. The third part discusses the current situation of criminal legal aid in our country from the aspects of perfecting and developing the criminal legal aid of our country and establishing the public defender of our country, and analyzes the existing problems. It is pointed out that it is feasible for Shanghai Pudong to take the lead in carrying out the practice of the Public defender's Office in order to improve this unfavorable situation, but the concrete measures need to be further refined. Then it discusses the feasibility analysis of establishing public defender system in our country. At present, the establishment of public defender system is not only the requirement of the country to implement the principle of respecting and protecting human rights, but also the requirement of meeting the need of criminal legal aid. This paper analyzes the institutional setup, talent selection and fund support, and puts forward some suggestions for the establishment of the public defender system in China.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
，
本文编号：2428134
[Abstract]:The right to defense is one of the most basic rights of the accused, and it can be said that the right of defense runs through every stage of the criminal procedure. The right of defence can guarantee the litigant to exercise his own litigation right, and the litigant in weak position can protect his legal rights and interests only by the use of the exercise of litigation right. In the face of the powerful public procuratorial organs of the country, only through the defense of professional lawyers can the accused resist the state organs, safeguard their legitimate rights and interests, and let the judges synthesize the defense opinions of both sides to make a fair court decision. The public defender system can effectively protect the poor accused to exercise their right of defence, and plays a very good supplementary role to the criminal legal aid system of our country. The financial contribution of the State to provide high-quality legal aid services to those prosecuted in financial difficulties, which will not only implement the principle of respect for and protection of human rights by the State, but also preserve the fairness of the administration of justice. The most important thing is to meet the actual needs of the majority of the poor prosecuted. However, the public defender system has not yet been established in China. In reality, there are still a large number of indictees who are unable to hire lawyers to defend themselves effectively because of economic difficulties, and our country has fallen behind in this regard in terms of public defenders. Developed countries in foreign countries have done a good job in protecting the rights of those prosecuted in poverty, attached great importance to the construction of the system in this respect, and successively set up their own system of public defenders. With the improvement of our country's economic level and the increase of citizens' awareness of human rights, people begin to pay attention to the protection of their own personal rights, and the establishment of the public defender system can effectively protect the citizens' litigation rights. In order to explore a model of public defender system which can not only protect the litigation rights of the indigent indictees but also conform to the national conditions of our country, this paper discusses from the following aspects. The first part clarifies the concept of the public defender system, discusses the similarities and differences between the public defender system and the legal aid system, and clarifies the theoretical basis for the emergence of the public defender system, The conclusion that the State must assume the responsibility of providing legal aid to the accused. The second part introduces the public defender system in Taiwan, inspects the public defender system in Britain and America, and discusses the development of the public defender system in the above countries and regions. This paper summarizes its characteristics and enlightenment to our country. The third part discusses the current situation of criminal legal aid in our country from the aspects of perfecting and developing the criminal legal aid of our country and establishing the public defender of our country, and analyzes the existing problems. It is pointed out that it is feasible for Shanghai Pudong to take the lead in carrying out the practice of the Public defender's Office in order to improve this unfavorable situation, but the concrete measures need to be further refined. Then it discusses the feasibility analysis of establishing public defender system in our country. At present, the establishment of public defender system is not only the requirement of the country to implement the principle of respecting and protecting human rights, but also the requirement of meeting the need of criminal legal aid. This paper analyzes the institutional setup, talent selection and fund support, and puts forward some suggestions for the establishment of the public defender system in China.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
，
本文编号：2428134
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