On The Case Of The Death Penalty Criminal Suspects, Defendants And Their Lawyers To Defend The Right Of Procedural Safeguards

The effective realization of the right to defend not only ensure the quality of an important case, the case of the death penalty is suspect, the defendant's right to a major. However, the role of defending the right to rely solely on the suspect, the defendant's own efforts and not need the active participation of defense counsel. China's death penalty case of the suspect, the defendant and his lawyer's defense of the right subject to many limitations, prevented the realization of defending the right to an effective, to the detriment of the suspect, the defendant's right to defense. Trace to its source, to ignore the suspect, the defendant's legal status, the presumption of guilt, procedures and tools, such as traditional judicial thinking on the extra-territorial laws-the-art thinking of exclusion is the root cause of these problems. The effective exercise of the right to defend not only in the case of the death penalty procedures to ensure the quality of death penalty cases on the suspect, the defendant, the more procedures to achieve participation, a fair ruling, in order to safeguard the right to life as represented by multiple human rights significance. This article believes that respect for the death penalty cases, the suspect, the defendant's freedom of choice to strengthen the defender of external constraints, the realization of the suspect, the defendant and the defender of the rights of the reality of the death penalty is a case to defend the right to the effective realization of the best Progressive Road. This article from the operational level and then put forward the corresponding measures, including the case of the death penalty given to criminal suspects, defendants and their lawyers the right to specific action to improve the defense counsel in capital cases the selection of subsidies and standards, the establishment of an effective defense system, defense lawyers and related rights Security mechanism, so as to strive to achieve an effective defense for the death penalty be used with caution, to maintain the death penalty cases, the suspect, accused of human rights provide an important procedural safeguards.