論我國公設(shè)辯護(hù)人制度的建立
發(fā)布時間：2019-02-22 10:37
【摘要】：辯護(hù)權(quán)是被追訴人最基本的權(quán)利之一,可以說辯護(hù)權(quán)貫穿在刑事訴訟的每一個階段。辯護(hù)權(quán)能保障被追訴人行使自己的訴訟權(quán)利,處于弱勢地位的被追訴人只有借助訴訟權(quán)的行使才能維護(hù)自己的合法權(quán)益。面對國家強(qiáng)大的公檢機(jī)關(guān),被追訴人只有通過專業(yè)律師的辯護(hù),才能抗衡國家機(jī)關(guān),維護(hù)自己的合法權(quán)益,讓法官綜合雙方的辯護(hù)意見做出公正的法庭判決。 公設(shè)辯護(hù)人制度可以有效的保障貧困被追訴人行使自己的辯護(hù)權(quán),對我國的刑事法律援助制度起到很好的補(bǔ)充作用。由國家財(cái)政出錢,為經(jīng)濟(jì)困難的被追訴人提供高質(zhì)量的法律援助服務(wù),這樣既可以落實(shí)國家尊重與保障人權(quán)的原則,又可以維護(hù)司法公正,最重要的是滿足廣大貧困被追訴者的現(xiàn)實(shí)需求。但是,公設(shè)辯護(hù)人制度尚未在我國建立�，F(xiàn)實(shí)中,我國仍有大量的被追訴人因?yàn)榻?jīng)濟(jì)困難無法聘請律師來為自己進(jìn)行有效的辯護(hù),我國在公設(shè)辯護(hù)人這方面已經(jīng)落后,國外發(fā)達(dá)國家對貧困被追訴者的權(quán)利保護(hù)做的很到位,非常重視這方面的制度建設(shè),先后建立了本國的公設(shè)辯護(hù)人制度。隨著我國經(jīng)濟(jì)水平的提高,公民人權(quán)意識的增加,人們開始關(guān)注保障自己的個人權(quán)利,建立公設(shè)辯護(hù)人制度可以有效地保障公民的訴訟權(quán)利。 為了探索出一條既能保障貧困被追訴者的訴訟權(quán)利,又能符合我國國情的公設(shè)辯護(hù)人制度的模式,本文從以下幾個方面進(jìn)行論述。 第一部分明確公設(shè)辯護(hù)人制度的概念并論述了公設(shè)辯護(hù)人制度與法律援助制度的異同,闡明該制度產(chǎn)生的理論基礎(chǔ),提出國家必須承擔(dān)起為被追訴人提供法律援助責(zé)任這一結(jié)論。 第二部分介紹了臺灣地區(qū)的公設(shè)辯護(hù)人制度,考察了域外的英美等國家公設(shè)辯護(hù)人制度,論述了公設(shè)辯護(hù)人制度在上述國家與地區(qū)的發(fā)展情況,總結(jié)了其特點(diǎn)以及對我國的啟示。 第三部分從完善與發(fā)展我國的刑事法律援助,建立我國的公設(shè)辯護(hù)人方面論述了我國刑事法律援助現(xiàn)狀,并分析了其中存在的問題。指出我國上海浦東為改善這種不利局面率先開展公設(shè)辯護(hù)人辦公室實(shí)踐,具有可行性,但具體措施需要進(jìn)一步細(xì)化。接著論述了我國建立公設(shè)辯護(hù)人制度的可行性分析�，F(xiàn)階段設(shè)立公設(shè)辯護(hù)人制度不僅是國家落實(shí)尊重和保障人權(quán)原則的要求,更是滿足刑事法律援助需求的要求。而從機(jī)構(gòu)設(shè)置、人才選拔、資金支持等多方面進(jìn)行分析,提出建立我國公設(shè)辯護(hù)人制度的建議。
[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.
【學(xué)位授予單位】：山東大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D925.2
，
本文編號：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.
【學(xué)位授予單位】：山東大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2014
【分類號】：D925.2
，
本文編號：2428134
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