在我国刑事诉讼中确立并完善程序性辩护的探讨

程序性辩护是与实体性辩护相对应的一种辩护权行使方式,它是针对公安司法机关在刑事诉讼中的诉讼行为的合法性向中立的裁判者提出申请或者质疑,请求其作出权威的程序性裁判,使被侵害的权利获得司法救济,进而间接地证明被追诉人无罪或者罪轻的一种辩护方式.当前程序性辩护在我国法律中有所体现,但尚未形成完整的体系,且现有规定存在诸多不足...

On the Establishment and Perfection of Procedural Defense in China

Contrary to substantial defense,procedural defense is a new way to exercise the right of defense with the purpose of raising a procedural application or a claim to the neutral judge to review the legality of procedural acts in criminal procedure,so as to provide the judicial remedy for violated rights of the accused and then to prove indirectly that the accused is not guilty or at least that the crime he has committed is less serious.The idea of procedural defense exists in the criminal procedure of China,b...