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Notice of the Supreme People's Court and the Ministry of Justice on Expanding the Scope of the Pilot Program of Full Coverage of Defense by Lawyers in Criminal Cases [Effective]
最高人民法院、司法部关于扩大刑事案件律师辩护全覆盖试点范围的通知 [现行有效]
【法宝引证码】

Notice of the Supreme People's Court and the Ministry of Justice on Expanding the Scope of the Pilot Program of Full Coverage of Defense by Lawyers in Criminal Cases 

最高人民法院、司法部关于扩大刑事案件律师辩护全覆盖试点范围的通知

The higher people's courts and departments (bureaus) of justice of all provinces, autonomous regions, and municipalities directly under the Central Government; the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Production and Construction Corps; and the Bureau of Justice of Xinjiang Production and Construction Corps: 各省、自治区、直辖市高级人民法院、司法厅(局),新疆维吾尔自治区高级人民法院生产建设兵团分院、新疆生产建设兵团司法局:
Since October 2017, according to the Measures of the Supreme People's Court and the Ministry of Justice for Launching the Pilot Program of Full Coverage of Defense by Lawyers in Criminal Cases, eight provinces (municipalities directly under the Central Government) including Beijing, Shanghai, Zhejiang, Anhui, Henan, Guangdong, Sichuan, and Shaanxi, have actively explored and launched the pilot program of full coverage of defense by lawyers in criminal cases and achieved good effects. All pilot regions have made such beneficial attempts and mature practices as innovating work patterns, building lawyer teams, strengthening funding guarantee, improving work efficiency, which are worthy to be affirmed and popularized. However, it is found in the pilot program that there are such difficulties in some regions that lawyer resources are not enough, funding guarantee is insufficient, the working mechanism is not sound enough, and the quality of cases requires further improvement, and such difficulties need to be further settled and improved. For purposes of promoting the in-depth launching of the pilot program of full coverage of defense by lawyers in criminal cases and ensuring the pilot program achieves practical effects, upon deliberation, it is decided to extend the time limit of the pilot program and expand the scope to 31 provinces (autonomous regions, municipalities directly under the Central Government) and Xinjiang Production and Construction Corps across the country. The relevant matters are hereby notified as follows: 2017年10月以来,按照《最高人民法院 司法部关于开展刑事案件律师辩护全覆盖试点工作的办法》,北京、上海、浙江、安徽、河南、广东、四川和陕西8个省(直辖市)积极探索开展刑事案件律师辩护全覆盖试点工作,取得了良好成效。各试点地区创新工作模式、组建律师队伍、加强经费保障、提高工作效率等有益尝试和成熟做法,值得肯定与推广。但试点过程中,也发现部分地方存在律师资源相对不足、经费保障还不到位、工作机制不够健全、案件质量尚需提高等困难问题,需要进一步解决完善。为推动刑事案件律师辩护全覆盖试点工作深入开展,确保试点工作取得实际效果,经研究,决定将试点期限延长,工作范围扩大到全国31个省(自治区、直辖市)和新疆生产建设兵团。现就有关事宜通知如下:
I. Fully comprehending the great significance of expanding the scope of the pilot program of full coverage of defense by lawyers in criminal cases   一、充分认识扩大刑事案件律师辩护全覆盖试点工作的重要意义
Expanding the scope of the pilot program of full coverage of defense by lawyers in criminal cases and further promoting and deepening the full coverage of defense by lawyers in criminal cases is an important measure for implementing the comprehensive promotion of the rule of law. The CPC Central Committee has attached great importance to the work of comprehensive promotion of the rule of law, formed the CPC central committee for comprehensive law-based governance, and strengthened the unified leadership in the building of rule of law in China. Guaranteeing judicial human rights and promoting judicial fairness is an indispensable requirement of the comprehensive rule of law. The pilot program of full coverage of defense by lawyers in criminal cases is launched for purposes of making each criminal case be provided with defense by lawyers and legal assistance and through the performance of defense duties by lawyers, safeguarding the lawful rights and interests of parties, promoting judicial fairness, and demonstrating China's progress in the civilization of socialist rule of law. The people's courts and judicial administrative organs shall further enhance their sense of responsibility, conscientiously and effectively expand the scope of the pilot program of full coverage of defense by lawyers in criminal cases, realize and safeguard the lawful rights and interests of the people to the maximum extent, and promote social fairness and justice. 扩大刑事案件律师辩护全覆盖试点工作的范围,进一步推进和深化刑事案件律师辩护全覆盖工作,是落实全面依法治国的一项重要举措。党中央高度重视全面依法治国工作,组建中央全面依法治国委员会,加强对法治中国建设的统一领导。保障司法人权、促进司法公正是全面依法治国的应有之义,开展刑事案件律师辩护全覆盖试点工作,目的就在于让每一件刑事案件都有律师辩护和提供法律帮助,通过律师发挥辩护职责维护当事人合法权益、促进司法公正,彰显我国社会主义法治文明进步。人民法院和司法行政机关要进一步增强责任感,认真做好扩大刑事案件律师辩护全覆盖试点工作,最大限度地实现和维护人民群众的合法权益,促进社会公平正义。
...... 扩大刑事案件律师辩护全覆盖试点工作的规模和范围,进一步推进和深化刑事案件律师辩护全覆盖工作,是推进以审判为中心的刑事诉讼制度改革的具体举措。提高律师辩护率,是以审判为中心的刑事诉讼制度的内在要求。强化律师辩护权,是实现证据出示在法庭、事实查明在法庭、控辩意见发表在法庭等的重要保障。律师充分行使辩护权,有利于控辩双方有效开展平等对抗,审判发挥居中职能作用,避免庭审流于形式,促进刑事诉讼制度进一步完善。
 ......

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