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刑事诉讼中的辩护,是刑事被告人及其辩护人针对控诉内容进行反驳和辩解,依法行使被告人辩护权的活动。刑事辩护从刑事诉法学理论上讲,具有重要的人权保障作用,是刑事诉讼必具之基本职能,是被告人依法获得法律救济的一种重要手段。从实践方面讲,刑事辩护对维护被告人的合法权益,避免冤案错案,协助并监督司法人员依法办案,保证刑法的准确实施,促进社会稳定和市场经济的发展都起着十分重要的作用,而这些都已为大量的司法实践所证明。但也不必讳言,由于各种原因,我国律师辩护功能尚未充分得以
The defense in criminal procedure is the activity that the criminal defendant and his defender refute and excuse the contents of the complaint and exercise the defendant’s right of defense in accordance with the law. Criminal defense From the perspective of criminal prosecution theory, it has an important role of safeguarding human rights and is an essential function necessary for criminal proceedings. It is also an important means for defendants to obtain legal remedies according to law. From a practical point of view, criminal defense plays an important role in defending the defendant’s legal rights and interests, avoiding cases of wrong and injuring, assisting and supervising the handling of judicial cases by law, ensuring the accurate implementation of criminal law, and promoting social stability and market economy. All these have been proved by a great deal of judicial practice. However, there is no denying that due to various reasons, the lawyer’s defense function in our country has not yet been fully realized