課題：刑事辯護制度之比較研究
在刑事訴訟環境快速的變革下，辯護制度其實並沒有受到相對應有的重視。近年來刑事訴訟法雖大幅修正，訴訟構造名日採行改良式當事人進行，以保障被告防禦權益，促進公平審判，然而作為維護被告防禦權益最為基本而重要的權利──接受辯護人援助的權利（以下略稱為辯護權），卻因沒有相對的做好應有的配套措施，致舊有的辯護活動的困境依然未有實質的改善，甚至修法的結果反而引發了新的不公平現象。嫌疑人及被告接受辯護人協助防禦的機會，仍未及時充分有效，且關於辯護權的侵害，欠缺及時有效的救濟機制等等，課題多樣而複雜。希望透過本課程的比較研究，從理論面、制度面以及實務運作面，針對辯護權的定位、如何確保嫌疑人及被告獲得辯護人援助的機會、促進辯護活動的實質化以及權利侵害的救濟，做整體的探討，並思考在刑事訴訟的新制變革中，辯護人如何採取應有的辯護活動。

Topic: Comparative study of criminal defense systems
Under the rapid changes in the criminal litigation environment, the defense system has not received the attention it deserves. Although the Criminal Procedure Law has been significantly revised in recent years, litigation organizations have frequently adopted improved parties' procedures to protect the defendant's defense rights and promote fair trials. However, as the most basic and important right to protect the defendant's defense rights - the right to receive assistance from a defender (hereinafter referred to as the right to defense), due to the lack of corresponding supporting measures, the dilemma of the old defense activities has not been substantially improved, and even the result of the law revision has caused new unfair phenomena. The opportunity for suspects and defendants to receive defense assistance from defenders is not timely and effective, and there is a lack of timely and effective relief mechanisms for infringement of defense rights. The issues are diverse and complex. Through the comparative study of this course, we hope to conduct an overall discussion on the positioning of the right to defend, how to ensure that suspects and defendants have the opportunity to receive assistance from defenders, how to promote the substantive nature of defense activities, and the relief of rights infringement from the theoretical, institutional and practical aspects, and think about how defenders can take appropriate defense activities in the new reform of criminal proceedings.

講義大綱及參考資料

Lecture outline and reference materials