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同时,它又是犯罪嫌疑人、被告人行使辩护权的特殊手段。At the same time, it is a special form of right to defence.

其辩护人在事实与法律适用方面行使辩护权,均不应受到限制。However, the right of defence of counsels should not be subject to such limitation.

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辩护权不仅应当作为权利而存在,更应当作为一种有充分保障的权利而存在。The right to defense should be kept as not only a right, but rather a right with full guarantee.

司法层面上,应形成尊重和保护律师依法执业、依法行使辩护权的良好氛围。With regard to judicature, the lawyers right to practice and defense by law should be valued and safeguarded.

侦查权独立于公诉权,但是受公诉权领导,对立于辩护权,并接受司法权的制约。It is independent of Power of Prosecution, opposite to the right of defense and limited by the judicial power.

刑事咨询权是犯罪嫌疑人的基础性权利,是辩护权的基础,具有独特的诉讼价值,应当引起法学界的关注和立法者的重视。The right of criminal consultation is a basic right of defendant and a base of defence right. It has a unique cause value.

刑事诉讼法的其它改变包括确保公平辩护权的落实以及允诉讼。Other changes to the law include ensuring the right for a fair defense and allowing more government departments to monitor proceedings.

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如何保障辩护权的有效行使,是刑事司法改革的关键和难点。How to safeguard the effective exercise and realization of their right to defense is the key and the difficulty of criminal judicial reform.

辩护权不仅缺乏法律和政策的有效保障,更难以得到良好的社会生态环境支撑。The right to defence is not effectively protected by the law and policy, nor is it well supported by the favourable social-ecological environment.

我国庭前审查程序没有能排除预断,也不利于庭审的准备和辩护权的保护。The examination procedure before trial doesn't rule out prediction, and doesn't do good to preparation for the trial or protection of right to defence.

第三类是防御性辩护权,主要包括辩护人讯问在场权、要求解除超期羁押立即释放权和程序动议权。The second category is preparing right to defense, including the right of knowing, the right of meeting with the defendants and the right of collecting evidence.

而侦查阶段律师调查取证权是律师调查取证权在侦查阶段的具体实施,是辩护权的基础。The best stage for Lawyers obtain Evidence is in the investigation stage, so it's necessary to guarantee this system. This right is the foundation of defense duty.

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自证无罪权应当是犯罪嫌疑人、被告人在刑事诉讼中的一项重要权利,它区别于辩护权、禁止强迫自证其罪原则。The rights to prove one' s own innocence is essential to the accused, and it is distinguished from the rights to defense and the rights against self- incrimination.

被指控人的辩护权是一项贯穿刑事诉讼始终的诉讼权利,律师作为辩护人协助被指控人行使辩护权。The defense right of the accused is a procedural right permeating the criminal litigation, in which the counsel assists the accused to exercise his right of defense.

辩护律师在介入死刑复核程序时,没有法律依据,从而导致律师辩护权在行使和保障机制上的障碍。The lack of legal foundation of defense counsel in procedure for review of death sentences leads to the obstacles on operation and guarantee of defense of the counsel.

为有效保障辩护权,在两大法系国家,虽然存在具体制度设计上的差异,但都有保障辩护律师信息知悉权的措施。To guarantee effectively the right to defence, the two legal systems have taken effective measures to ensure attorneys ' right to get informed despite the differences.

在检察机关起诉的被告人及犯罪事实范围内,在不妨碍被告人辩护权行使的前提下,法院可以变更检察机关指控的罪名。With the indicted defendants and criminal facts from the procuratorate and care for defendants' defensive rights, the court can change the names of the indictable crimes.

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保障律师辩护权是完善辩护制度的重要内容,而在现实中律师行使辩护权存在诸多问题。Ensuring to lawyers right to defence is important content of perfecting the defence system, in fact, however, there are many problems existing in lawyers' exercising ringt to defence.

刑法第306条规定的辩护人伪证罪对刑事诉讼基本结构、回避制度和证明规则造成了很大冲击,使辩护人和所有受刑事追诉者的正当权利受到威胁,同时也是对辩护权的侵蚀。The article 306 of criminal law on crime of perjury by defender has made a great impact on the basic structure of criminal procedure, the challenge system and the certification rules.

刑事诉讼中的律师执业豁免权,是犯罪嫌疑人、被告人辩护权的一种延伸,也是现代法治国家应当赋予律师一项重要内容。Lawyers' right of professional immunity in criminal suit, an extension of the defence right of the suspected and the accused, is what a country with law-government should confer on lawyers.