论我国刑事辩护的立法缺陷及其完善

辩护是犯罪嫌疑人、被告人享有的最基本、最关键的诉讼权利.修正后的刑事诉讼法对辩护制度作了重大修改,使其更加民主化、科学化.但是,其中仍然存在着一定的缺陷,与有关国际法律文件的要求存在一些差距.因此,有必要对此加以研究和探讨,以便在明确律师在侦查阶段辩护人的主体地位;完善律师权利,充分保障律师履行辩护职责;健全犯罪嫌疑人辩护权的保障制度及完善法律援助制度等方面予以立法完善.

On Legislation Defection and Its Perfection of Criminal Defence in Our Country

Defence is a basic and key litigation right of the criminal suspect and defendant. There are great changes in the system of advocacy after the amendment of the Criminal Procedure Law, which had made it more democratic and scientific. But there still exist some drawbacks, this can not meet the demands of international legal documents. Therefore, the author thinks it necessary to make a study so as to improve the stipulation by legislation. By this way, it will clearly stipulate the lawyer's status of defence in the investigation stage, and improve their rights, thus fully guarantee the functions of advocacy, strengthen the proetction system for the criminal suspect's right of defence and legal aids.