Effective Defense Mechanism

The defense system is an important component in the criminal justice system, but effectively defense realization reflect the level of a country rule by law and the human rights condition, deciding the lawsuit progress and the result, become the important symbol of the criminal procedure democratization and the scientific. Therefore, to be balanced the bilateral strength, displays attorney fully defense function, safeguards the suspect,defendant's legitimate rights and interests, realizes fair and justice, this is very important to deep research the mechanism.This article plans through to analysis the effective defense connotation, thus obtains the effective defense to realize three conditions which the mechanism needs, namely: complete qualified defendant; the mechanism of gain defense resources; the mechanism of defense opinion accepted positively by the judge. Then, carries on detailed and the full proof satisfied separately to these three conditions, proposed the own conception of effective defense realization, cause the people more attention to this question.This article divides into four parts, approximately 30,000 characters.This article introduction part elaborated the importance of the mechanism realization. Brief expound the technique and the mentality, finally explain the paper's premise as well as the related item.The first part: effective defense outline. First, unifies the scholar's appraisal and the elaboration, carries on the analysis the effective defense connotation, and gives its reasonable definition. This article believed that the effective defense is mainly refers to the criminal defense process, defender to be able full use each kind of defense resources, enables the defense opinion to accept positively by judge, maximum protects the suspect and defendant's reasonable right and the benefit, realizes justice. So, proposed the three conditions which the effective defense mechanism needs. Then, the union effective defense principle in international standards' manifestation carries on the actual situation of our country. Finally, elaborated the important meaning which the effective defense realizes. The effective defense is advantageous in realizing the lawsuit to be fair, raises the lawsuit efficiency, is advantageous consummate the type of lawsuit pattern, is advantageous benign development of the attorney and the entire legal profession.The second part: the choice mechanism of defender. This article believed that the criminal defender best choice should be attorney. This part is mainly from attorney's nature, the necessity of attorney monopolize the criminal defense, the safeguards of attorney monopolize the criminal defense system three aspects to carry on the elaboration. First carries on the analysis to attorney's nature, attorney is the vindicator of suspect and defendant legitimate rights and interests, is an indispensable role in the criminal procedure. Attorney is the person who provides the legal service for the litigant, this nature has decided attorney naturally for the criminal defense defender. Next, elaborates the necessity of attorney to monopolize the criminal defense. Other defense defender has the congenital flaw in the criminal defense, the accused , although enjoys the natural right to counsel, but its self-defense existence risk, other two kind of defender cannot enjoy the widespread lawsuit right, along with economic society's development, appears its malpractice day by day. Attorney have the huge superiority in the criminal defense, should well to be a best choice. Simultaneously attorney monopolizes the criminal defense is also the historical development tendency inevitable request. Finally, to safeguard attorney to monopolize the criminal defense realization, from the human resources of attorney, the wish of attorney, the ability of attorney, the rights and interests of attorney safeguarding four aspects separately to carry on the elaboration, and proposed the corresponding perfect measure, guaranteed attorney monopolizes the criminal defense.The third part: the mechanism of gain defense resources. Attorney as the criminal defense's main body, the defense resources which full gain is the key to realizes the effective defense, relates the lawsuit the overall situation, is the premise and the foundation of lawyer fulfills the defense responsibility effectively. Therefore, this part from attorney individual investigation evidence collection, attorney applies to obtain the defense resources, the safeguards of attorney consult case filers, the consummation of witness testifying system four aspects to carry on the elaboration, from the analysis of the realistic condition to raised the question of each aspect separately, then proposes the corresponding perfect measure, so, the resources which attorney need can the full gain, realizes its defense function.The fourth part: the mechanism of defense opinion accepted by the judge. The lawyer can involve the criminal prosecution, and obtains the full defense resources, must have the mechanism of defense opinion accepted by the judge. Then safeguard the effective defense true realization. Therefore, this part carries on the elaboration from three aspects. First, attenuate judge's prejudge front courtyard, guarantees judge neutrality, this is the premise of judge accepts the defense opinion. Next, safeguards attorney equally participation criminal trial, full debate with the prosecution, this is the key of judge accepts the defense opinion. Finally, consummates court verdict form, becomes reasons court verdict, this is the essence of judge accepts the defense opinion.