论死刑复核程序中律师辩护权保障制度构建.pdfVIP

广西政法管理干部学院学报 第 31 卷第 5 期 JOURNAL OF GUANGXI ADMINISTRATIVE Vol.31.No.5 2016 年 9 月 CADRE INSTITUTE OF POLITICS AND LAW Sept. 2016 On the Protection of the Lawyer Rights of Defense in the Death Penalty Review Procedure Tang De-cai (Guangxi Administrative Cadre Institute of Politics Law,Nanning 530023 ) ［Abstract ］ It has special necessary to guarantee the rights of lawyer in the death penalty review procedure. This is not only the requirement to perform the International Convention and protect human rights, to ensure the quality of the case and maintain fairness and justice, but also to carry out the principle of effective defense and maintain legitimate rights and interests of the defendant betterly. At present, there are some shortcomings about Chinas death penalty review procedure and lawyer rights of defense, mainly displays in: administrative review procedure, written review hearing , nominal the lawyer rights of defense, fuzzy main body position of lawyer lawsuit, the absence of lawyer rights of defense remedy, the lake of legal aid. If we want to give full play to the function of the death review penalty procedure, and protect the lawyer rights of defense betterly. It is very necessary to advance the reform of review procedure lawsuit, and then to make clear the exercise of lawyer rights of defense, expand designation that the defense is suitable for the death penalty review procedure, respect and safeguard the legal status of the defense lawyer, and establish the relief mechanism of lawyer rights of defense. ［Key words ］ the death penalty review procedure; lawyer ’s right of defense; protection