刑事诉讼程序中的被告人能否根据个人意愿着装、选择发型,使用警用械具是案件的需要还是一种形式,在不同的司法理念下有不同的诠释,在当今尊重和保障被告人人权日益成为司法界共识的条件下,如果因司法人员不具备现代人权保障观念,仍按以往做法对待被告人,而有些司法人员则按现代人权理念重新审视以往习惯做法并自觉的改变,难免在实践中出现被告人权益保障的不平等。为了消除因司法人员司法理念差异造成被告人权益事实上的不平等,既需要在制度设计上约束司法人员在实践中践行,也需要在学术研讨中深入挖掘与其相关的文化底蕴,为司法人员自觉尊重和保障被告人权利提供理性支持。 Whether the defendant in the criminal procedure can dress according to his / her own will, choose hairstyle and use police and aids is the need or form of the case, has different interpretations under different judicial concepts, and today respects and guarantees the defendant’s human rights Under the condition of becoming a consensus of the judiciary increasingly, if the judicial personnel do not have the concept of modern human rights protection, the defendant will still be treated as they have done in the past. However, some judicial officers will re-examine and change consciously according to the traditional human rights concepts in the past, Appeared in the defendant’s rights and interests of protection of inequality. In order to eliminate the de facto inequality of defendant’s rights due to differences in the judicial concept of judicial personnel, it is necessary not only to restrict judicial personnel in practice in the system design, but also to excavate the relevant cultural heritage in academic research in depth, Conscientiously respect and protect the rights of defendants to provide rational support.