修改后的《中华人民共和国刑事诉讼法》自一九九七年一月一日实施以来,司法实践中遇到许多疑难问题,难以解决。本文拟就在刑事审判中有争议的几个主要问题作一粗浅的探索。一、可能被判处死刑的被告人不委托辩护人,且拒绝人民法院指定辩护人怎么办?在审判实践中,时有遇到可能被判处死刑的被告人自己不委托辩护人,且拒绝人民法院为其指定辩护人,人民法院是否就不指定了?对此有两种意见:第一种意见认为,遇到这种情况,人民法院就不必硬性 Since the amended Criminal Procedural Law of the People’s Republic of China came into effect on January 1, 1997, many difficult problems in judicial practice have been found difficult to resolve. This article intends to make a crude exploration of several controversial issues in criminal trials. If the defendant who may be sentenced to death does not appoint a defender and refuses to appoint a defender of a people’s court, he or she may encounter a defendant who may be sentenced to death without commissioning a defender in his trial practice, and refusing to be designated by a people’s court Defenders, people’s courts are not designated? There are two views on this: the first opinion that in this case, the people’s court do not have to rigid