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程序性辩护是随着人们对程序正义的深入肯定与认识而被日趋重视的一种“积极的”、“进攻式”的辩护形态。本文分述了程序性辩护的概念、内容、意义、保障措施,指出其不仅可以促使辩护成功,督促追诉机关依法执法,同时还彰显了程序正义,保护了被追诉者的宪法性权利,并根据我国司法实践的现状提出程序性辩护的有效实施还有赖于各种保障措施的完善,这主要包括我国控、辩、审三方诉讼构造的重构、相关立法缺失的完善以及律师辩护权利的保护。
Procedural defense is an “active”, “offensive” form of defense that has gained increasing attention as people gain more recognition and affirmation of procedural justice. This paper describes the concept, contents, significance and safeguard measures of procedural defense. It points out that it can not only promote the success of the defense, but also supervise the prosecution authority to enforce the law according to law, at the same time, it also shows the procedural justice and protects the constitutional rights of the prosecutors. The current situation of judicial practice in our country suggests that the effective implementation of procedural defense depends on the perfection of all kinds of safeguard measures. This mainly includes the reconstruction of litigation structure of the three parties in charge of control, debate and trial, the improvement of the lack of relevant legislation and the protection of the rights of defense by lawyers.