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程序性辩护是指被告人及其辩护人以侦控人员在诉讼活动中的程序性违法行为为抗辩事由,请求法官裁定特定行为程序违法,并对程序违法行为实施惩罚与制裁,以维护程序正义的新型辩护形态。程序性辩护的日益多见,对刑事侦查程序制度改革有着深度的影响,为侦查权司法审查机制的确立提出了思考并进行了初步、务实的探索。同时,程序性辩护的兴起也对侦查行为的规范化建设提出了更高的要求,要求侦查机关恪守程序规范,严谨侦查取证行为。
Procedural defense refers to defendants and their defenders to investigate and control personnel in the proceedings of procedural violations as a defense to request the judge ruled that a specific act of illegal procedures and procedural violations punish and sanctions in order to safeguard the procedural justice New form of defense. Procedural defense is more and more common, which has a profound impact on the reform of criminal investigation procedure system. It puts forward thinking and conducting preliminary and pragmatic exploration on the establishment of judicial review mechanism of criminal investigation power. At the same time, the rise of procedural defense also sets higher requirements for the standardization of investigation activities, and requires the investigation authorities to abide by procedural norms and conduct rigorous investigation and evidence collection.