论死刑案件指定辩护的有效性——兼谈构建死刑案件指定辩护质量标准

死刑刑罚具有不可逆转性,死刑案件指定辩护的有效性是法治从形式正义走向实质正义的必然要求。然而指定辩护中有效辩护的保障机制及无效辩护的现实之巨大反差,使得完善我国死刑案件指定辩护制度成为亟待解决的问题。实现死刑案件指定辩护的有效性需要实行死刑案件指定辩护律师资格认定制、设置辩护质量的底线标准、设置程序后果。

On the Effectiveness of Appointed Defense in Death Penalty Cases -Partially on Building an Appointed Defense Quality Standard of Death Penalty Cases

Death penalty is irreversible and the effectiveness of appointed defense for death penalty is the inevitable requirement of rule of law going from form justice to real justice. However, in reality the huge contrast between the guarantee mechanism of effective defense in appointed cases and the ineffective defense makes perfecting the appointed defense mechanism of the death penalty become a problem to be solved. The implementation of the effectiveness of the appointed defense of death penalty needs to set up a qualification system of appointed defense lawyer, a bottom line of the defense quality and the consequences of procedure.