On The Effective Defense Of Lawyers In China 's Pre - Trial Procedure

As the current Criminal Procedure Law of People’s of Republic of China has pushed the criminal defense to a new tide, the attorney has more status and power in the pretrial procedure, let alone the court proceedings. Lately, with the repaid study of the domestic human rights, the rights conservation for the accused in the criminal filed has become a new topic which expertise and scholars from different areas attempt to interpret. However, from the criminal pretrial proceeding perspective, it was deadly blinded, i.e. extended custody, illegal evidence, which tells us that the lawyers’ effective defense in the pretrial proceedings should be quickly figured out. To settle the disputes, the justice should count on the complete proceedings and the better evident system. From the basic theory of the natural law or utilitarianism, the lawyers’ effective defense in the pretrial proceedings can safeguard the lawful rights and interests for the parties in the largest scope and it also vital to correct the illegal proceedings. From this unique view, the attorneys’ effective defense, deeply discuss the following issues is essential, how to have the accused in the legal protection, how to save their lawful rights, how to make the pretrial procedures better, and how to realize the standardization of lawyers’ effective defense in the pretrial proceedings. In the Peiwu Du case, the wrongful distribution for the burden of proof contributes to the misjudged cases. Based on the different roles and different lawsuit spirits of the DA and attorney, the codified burden of proof distribution results in promoting of lawsuit efficiency and settling for the defense thoughts. The strategy in the pretrial proceeding defense is another significant issue which cannot be ignored. Advocates’ defense acts are supposed to be more standard and systemized owning to the confidentiality, administrative, and aggression of the pretrial procedure, or the attorney and the accused would pay a heavy price. Combined the lawyers’ practice and the negotiation theory, three forms of defense, substantive defense, evident defense and the procedural defense, will provide a new guide for this issue.