对中国刑事辩护非正常化的分析

刑事辩护是平衡控、辩、审正三角结构的重要支撑点,社会法治进程的推进不可缺乏刑事辩护权的基本张扬,而我国刑事辩护制度却陷入非正常的困境。改革、完善我国的刑事辩护制度使其走上正常轨道是司法改革的当务之急。笔者认为,要完善辩护制度根本在于改变司法观念,其次才是完善有关的制度。

The analysis to the abnormal criminal defense in china

The criminal defense is the hold of the equilateral triangle form which is consisted by the Prosecution, Defending and Trail. It is also the important means of developing the rule of law in the society. However, China' s criminal defense is now getting into the difficult and unusual position. Thereby, it is urgent to reform and perfect the criminal defending institution in our country and lead it to the correct path. To this point, the writer thinks that the foundation of perfecting the defending institution first is to change people's idea on jurisdiction, and then to perfect the related institutions.