A Study On The Principle Of Effective Defense

Right to defense is a right of action for the majority of countries recognized by the Constitution and the Criminal Procedure Code, the level of development of the defense system of criminal justice is also reflected in the level of civilization of a country and the level of protection of human rights. Focus guarantee an effective defense principle is the effective exercise of the right to defense, as well as national criminal justice concern. Through the Anglo-American countries in an effective defense system known, understood the principle of establishing an effective defense can improve the quality of criminal defense considerably. In this paper, in the context of our current judicial reform current legislation on the principle of an effective defense of the theoretical basis and the value of content to interpretation. An effective defense substantive principle, comprehensiveness, authenticity and thoroughness and other features. Implementation and enforcement of the principle, in favor of the prosecution and defense to make equality fight to curb the expansion of the public prosecution authority; help improve the quality of defense, promote the effective exercise of the right to defense, to protect the legitimate rights and interests of the defendant.After the 2012 modification of the Criminal Procedure Code, the defense system has been a greater degree of improvement, but there is still much room for improvement. The presence of an effective defense principles can not really implemented, public security and judicial prosecution of persons violating the rights of the defense, the defense counsel is not active right of defense and other issues in our judicial practice. The reason is mainly because: the law does not expressly provide for effective defense principles; not to build a comprehensive sanctions regime violations of the right to defense; not give full rights defender litigation; no provision was measures recourse to defense against lawyers is invalid; not fully Build defense lawyer rights system. For these reasons, we should learn from foreign experience, to be the establishment of an effective defense and protection of the principles in the legislative and judicial combined with China’s actual situation. Specific measures include: the Constitution and the Criminal Procedure Law clearly stipulates the principle of an effective defense, the right to an effective defense as a legal right; fully the rights litigation counsel; provisions for the prosecution of persons remedies ineffective defense counsel; Construction of violations of the right to defense sanctions mechanism; improve the rights of defense counsel system. By clearly establishing the principle of effectiveness and ensure their effective implementation, our country can more effectively enhance the prosecution and the defense against the substantive in criminal justice, thoroughness and comprehensiveness, which really respect and protection of human rights of the prosecuted person.