Reserch On The Principle Of Effective Defense

The accused has the right to defense, the basic principles of the criminal proceedings have now been established in the world, China's"Constitution","Criminal Procedure Law"also stipulates the obligation to protect the people's court to defend the rights of defendants. However, how to protect the suspect, the defendant's access to quality defense, how to determine quality standards for criminal defense for those who do not get the real effective defense of criminal suspects, defendants, we need to remedy? Chinese law are not clearly defined, and these are precisely the"right to defend the accused,"the essence of this principle. First of all, this topic will be the meaning of the principle of effective defense, the theoretical basis as a starting point, detailing the meaning of the right of defense and the defense and the significance of the principles for effective defense defines the concept, discusses the concept of an effective defense base and target. Then, this paper, foreign countries, especially the United States on the principles of an effective defense of the legislative situation, and effectively defend the principle of"international covenant on civil and political rights,""The Role of Lawyers principle of"such international conventions of reflected therein and outlined the principles of civil law in some countries the legislation effective defense typical of their respective emphasis. Then the third part of this thesis, the author discusses the status of my criminal defense based on the analysis of the current judicial practice in China affect our criminal suspects, defendants and effective defense reasons. The fourth part of the article, the author tries to analyze the above reasons, be divided into basic system construction and building of supporting systems to discuss two aspects of an effective defense system, perfecting the concept and reference to other countries, particularly the United States of ineffective defense system, lawyers, criminal defense system monopoly, discovery system, duty counsel system, its realities and Criminal Procedure were made to improve response.