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有效辩护制度是提高律师辩护质量的有效途径。以辩护权为核心,我国刑事诉讼法赋予犯罪嫌疑人、被告人的诉讼权利包括防御性权利、诉讼救济权利、推定性权利三类,被告人获得辩护权作为宪法权利在刑事诉讼中体现为被追诉人依法获得辩护的权利,对宪法规定被追诉人获得辩护权的具体化、赋予律师广泛的权利,辩护权是始于侦查阶段的宪法权利,辩护权是以宪法平等权为基础的制衡性权利。我国缺乏有效的宪法监督制约机制,在宪法与刑事诉讼法的规定中没有与律师无效辩护所造成的程序性后果的规定,有关法律法规对辩护律师为被追诉人进行刑事辩护设置了障碍。
Effective defense system is an effective way to improve the quality of defense lawyers. Taking the right of defense as the core, China’s Criminal Procedure Law gives criminal suspects and defendants procedural rights including defensive rights, litigation remedy rights and presumptive sexual rights. The defendant’s right to defend as a constitutional right is reflected in criminal proceedings as the defendant The right to a defense in accordance with the law stipulates that the accused should be given a wide range of rights under the Constitution, and that the right to defense is the constitutional right starting from the stage of investigation. The defense right is a check and balance right based on the constitutional equal right. Our country lacks an effective mechanism for constitutional supervision and restriction. There is no stipulation of the procedural consequences caused by the invalid defense of lawyers in the provisions of the Constitution and the Criminal Procedure Law. The relevant laws and regulations set obstacles for the defense lawyers to carry out criminal defense for the people being prosecuted.