论我国法律援助辩护之完善

在“推进以审判为中心的诉讼制度改革”背景下,我国法律援助辩护制度范围进一步扩大,法律援助辩护服务也呈标准化趋势,但仍不能满足司法实践需要,且同国际通行的法律援助辩护制度存在一定距离。对此,应将法律援助辩护的范围扩大至可能判处3年有期徒刑以上刑罚的案件,并适用于审前侦查、审查起诉两阶段。对于可能被判处3年有期徒刑以下刑罚的案件,为保障被告人在被拘禁期间最低限度的合法权利,至少由值班律师为其提供法律援助。鉴于死刑的严厉性与不可弥补性,死刑复核程序必须有律师辩护。为提高法律援助辩护率与质量,应考虑设立公设辩护人制度,健全法律援助辩护质量监督体系,并落实对法律援助事业的资金保障。

On the Improvement of the Legal Aid System of Defense in China

With the reform for “carrying forward the trial-centered procedural system”, the scope of legal aid defense system in China is further expanded, and the legal aid defense service is also in the trend of standardization, but it still cannot meet the needs of judicial practice, and there is a certain distance between this system and the international legal aid defense system. In this regard, we should expand the scope of legal aid defense to cases that may be sentenced to more than three years’ imprisonment, and apply it to pre-trial investigation, review and prosecution. For cases that may be sentenced to not more than three years’ imprisonment, at least the lawyer on duty shall provide legal assistance to the defendant in order to protect the defendant’s minimum legal rights during the period of detention. In view of the severity and irreparability of death penalty, a lawyer must defend the death penalty review procedure. In order to improve the defense rate and quality of legal aid, we should consider the establishment of public defender system, improve the supervision system of legal aid defense quality, and implement the financial guarantee for legal aid.