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在刑事法律援助中,合同制度是政府与律师通过合同形式为犯罪嫌疑人、被告人提供辩护服务的制度体系。合同制度有助于实现普遍辩护与有效辩护,破解刑事司法中辩护权之不彰。合同制度本土化的条件包括刑事法律援助国家义务一元性的立法规定、公民律师辩护权的基本人权属性、律师职业的发达与法律服务市场的规范化,以及政府良好的合同治理能力。合同制度可以作为我国现有刑事法律援助体系的有益补充,以促进多元化刑事法律援助模式的形成。合同项目主要通过招投标和协商方式订立,一个完善的辩护合同应当包含合同双方当事人合同标的当事人权利义务违约责任等必备条款
In criminal legal aid, the contract system is a system of government and lawyer system of providing defense services to suspects and defendants through contract forms. The contractual system helps to achieve universal defense and effective defense and to undermine the right of defense in criminal justice. The conditions for the localization of the contract system include the legislative provisions of the monopoly of the state obligation of criminal legal aid, the basic human rights attributes of the civil lawyer’s defense, the development of lawyer’s occupation and the standardization of the legal service market, and the government’s good ability of contract management. The contract system can serve as a useful complement to the existing criminal legal aid system in our country to promote the formation of a diversified criminal legal aid system. Contract projects are mainly through bidding and negotiation, and a sound defense contract should include the parties to the contract, the parties to the contractual rights and obligations of the party involved in breach of contract and other necessary provisions