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在现代社会中,刑事诉讼的发展趋向是以人权保障为最终归宿的。在人权的诸多内容中,辩护权是一项特殊而重要的权利。而就是这项如此重要的权利在我国却长期被忽视,以至于畸形地存在。突出地表现为辩护权没有得到基本的张扬、刑事辩护职能弱化、辩护权无法制约和抗衡控诉权等等。有鉴于此,文章力图从辩护权的本质特征出发,结合新修订的刑事诉讼法,并紧紧围绕我国辩护权制度的不足,试图提出完善我国辩护权制度的构想。
In modern society, the development trend of criminal procedure is based on the protection of human rights as the final destination. In many aspects of human rights, the right to defense is a special and important right. And it is this very important right that has been neglected in our country for so long that it degenerates. It prominently shows that the right of defense has not been basically publicized, the function of criminal defense has been weakened, the right of defense can not be restricted and the right of complaint contested has been raised. In view of this, the article attempts to proceed from the essential characteristics of the right of defense, combined with the newly revised Criminal Procedure Law, and focus on the inadequacy of the system of China’s defense right, attempting to put forward the conception of perfecting the system of China’s defense right.