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我国法治社会建设和人权保障中发挥着应然作用的刑事辩护和我国准许的具有突然性非律师承担辩护两者间有着极大的差异性。通过司法实践表明,无论是从律师的数量上来看,还是质量上来看,对非律师担任辩护人的制度取消和采用的刑事辩护准入制度都已经达到了可以实施的阶段。刑事辩护准入制度的施行,不仅到了普通辩护的要求,同时也可以实现有效辩护的任务。所以,根据我国的实际情况,本文认为应从死刑案入手,采取有步骤、有层次的实施。另外,在施行刑事辩护准入制度的同时也要确保相应的监管体制、惩戒和退出等体制能够得到推广和认可。
There is a great difference between the criminal defense that plays its due role in the social construction of our country under the rule of law and the safeguard of human rights and the sudden defense of non-lawyers authorized by our country. Judicial practice shows that both in terms of the number of lawyers or in terms of quality, the system of criminal defense for cancellations and adoption of non-lawyer defenders has reached an enforceable stage. The implementation of criminal defense access system, not only to the general defense requirements, but also can achieve the task of effective defense. Therefore, according to the actual situation in our country, this article believes that we should start from the death penalty case and take a step-by-step implementation. In addition, while implementing the access system of criminal defense, it is also necessary to ensure that the corresponding regulatory system, disciplinary and exit systems can be promoted and endorsed.