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被告人最后陈述权是刑事诉讼被告人重要的一项诉讼权利,对实现刑事诉讼目的和提升被告人主体地位有着重要的意义,但由于对被告人最后陈述权的理论基础、特点和内容缺乏清晰的认识,导致该程序设置在实践中被忽略或异化。制度重构需要完善被告人最后陈述程序、加强法律帮助特别是律师帮助和规范法官用语与行为,以使被告人最后陈述的庭审阶段更加明确、有序和有效。
The final right of the defendant is an important procedural right of the defendant in criminal procedure. It is of great significance to realize the purpose of criminal procedure and to enhance the subject status of the defendant. However, due to the lack of clear theoretical foundation, characteristics and content of the defendant’s final right The awareness that led to the program setting was ignored or alienated in practice. The reconstruction of the system needs to improve the final statement procedure of the accused and strengthen the legal help, especially the lawyers, to help and regulate the wording and behavior of judges so as to make the trial phase of the final statement made by the accused clearer, orderly and effective.