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辩护权是一项基本的宪法权利,是公民对抗国家公权力的保障性武器。我国的指定辩护制度产生已近60年,但发展比较缓慢,虽然《刑事诉讼法》对指定辩护的范围作了一定修改,但仍然不足以保障辩护权的行使。本文将结合指定辩护制度的比较研究来论述指定辩护的应然之义。
The right to defense is a basic constitutional right and a safeguard weapon for citizens to fight against their public power. Although the designated defense system of our country has been produced for nearly 60 years, its development is relatively slow. Although the Criminal Procedure Law makes some changes to the scope of the designated defense, it still is not enough to guarantee the exercise of the right of defense. This article will be combined with the comparative study of the designated defense system to discuss the proper meaning of the designated defense.