刑事辩护制度最能体现司法公正,平衡的控辩关系能促进法官中立,满足刑事实体公正的要求和保证程序正义的实现。1996年的刑诉法在辩护制度上虽较1979年的刑诉法有所进步,但律师的辩护权仍受到较大的限制,立法上有必要进一步完善,增强辩护权以实现控辩的相对平衡,进而实现程序公正与司法公正。 The system of criminal defense can best reflect the judicial justice. The balanced relationship between prosecution and defense can promote the neutrality of judges, satisfy the requirement of impartiality of criminal entities and ensure the realization of procedural justice. Although the Criminal Procedure Law of 1996 has made some improvements over the Criminal Procedure Law of 1979 in the system of defense, the lawyers’ right to defense is still more restricted. It is necessary to further improve the legislation in order to enhance the right of defense so as to achieve the relative balance between prosecution and defense. So as to realize procedural fairness and judicial fairness.