On Ineffective Assistance Of Counsel System

Assistance of counsel system is an important part of criminal justicesystem. It needs to point out that effective assistance of counsel should bethe proper meaning of the right to counsel, but in the real world, lawyerscan be good or bad, hard-working or lazy.Because of outside interferenceor their limited quality, sometimes they fail to provide effectiveassistance,so the right to legal counsel is not equivalent to effectiveassistance of counsel. And if the services of a lawyer is just a form, evenprejudicial to the interests of the accused person, then this right isundoubtedly non-existing. Therefore, from the angle of lawsuit practice,itwill be necessary to put forward the right of " effective assistance ofcounsel ". Of course," no relief is no rights", thus establishing effectiveremedy system to ensure the right of effective assistance of counsel to getreally realized is the key. Because any right, regardless of how perfect it is,if there is no effective remedy to support it, this right may not become areality. As the Constantly improvement of the criminal judicialenvironment in China,the assistance of counsel system research in theoryor in practice both had not been stopped, in addition to the new2008lawyers law enacted, papers about assistance of counsel system have beenflowing, among which, many scholars also begin to pay close attention tothe quality and relief assistance of counsel. Unfortunately, most of themonly from lawyers responsibility angle to do their research, few peoplethink about how to remedy the right of effective assistance of counsel if itis damaged because of the ineffective assistance of counsel.