刑事案件的辩护率较低且逐年下降,是我国司法实践中不容忽视的现实,辩护律师的缺位导致控辩力量失衡,使得对抗制庭审模式无法有效地运行,更不利于对被告人权利的保护。要突破这一困境,路径之一就是将比较法视野中的“强制辩护”制度引入我国。对特定的案件和特殊的被告人,在刑事案件的庭审中,必须有辩护人参与诉讼,无论是被告人自行选任或是法院为其强制指定,有助于维护被告人在诉讼中的各项权利。 The low defense rate of criminal cases and the declining year by year are the realities that can not be ignored in the judicial practice of our country. The absence of defense lawyers leads to the imbalance of power between prosecution and defense, which makes the adversarial system of trial unable to operate effectively and not conducive to the rights of defendants protection. To break through this predicament, one of the ways is to introduce the system of “compulsory defense” in the field of comparative law into our country. In specific cases and special defendants, in the court trial of criminal cases, there must be a defender participating in the litigation, either by the defendant or by the court for his own mandatory appointment, which helps to defend the accused in litigation .