The Legislation Perfection Of Our Lawyer Effective Defense

Criminal procedure development history is a history of rights as the logical starting point, guided by the accused person’s human rights spirit of history, accused person’s human rights protection is the spiritual power, to promote the development of criminal lawsuit and to perfect the defense system, is the modern national criminal procedure democratization and scientization of important symbol, is the constitution principle stipulated in the criminal suspect, the accused person have the right to defense in criminal proceedings embodies, is part of the legal system in modern country under the rule of law cannot obtain. So many about aspects of the criminal procedure law provisions in the constitution. In practice, however, the right to defend is more of a mere formality,the accused person didn’t really enjoy the right to defend, a lawyer last year amorphous agglomeration of the improvement of the legal team to participate in the defense can’t said the right to defend is the top priority."China’s criminal defense lawmakers are facing the unexpected funny and embarrassing and difficult dilemma, criminal defense way more walk more difficult."Effective defense system performance problems in our country there is no perfect system to support, and in most cases not provided procedural illegal activities of judicial organs of public security consequences. This article first introduces the meaning of effective defense of several mainstream view, and on this basis put forward effective defense is to point to in the process of criminal proceedings, defense of the body, can rely on legislation of the country, making effective use of all kinds of defense resources, access to case information, and can reasonable defense opinions adopted by judges to actively, defence subject and public security judicial authorities have the duty to protect the lawful rights and interests of accused person shall be inviolable, the realization of judicial justice and fairness. This is the premise of effective defence system build. And the realization ways of the effective defense system and value are analyzed, and combed the effective defense system in our country to perfect macro path. Effective defense system of typical countries in the west have provisions in the criminal procedure, especially the effective defense system development has a mature theoretical system and to perfect the legislation system, relative to the short decades of development, defense system in China has a lot to learn from, so it is necessary in this paper, the advanced western country under the rule of law system of defense system, in order to help to the improvement of the system of effective defense.The effective defense system in our country are still very prominent, mainly due to the effective defense system in the pre-trial stage, stage of trial, of the problems of inadequate protection of the defendant’s legal practice investigation organs, procuratorial organs and the judicial power is too large and there is no too many constraints and constraints, it is not surprising that the abuse of power. In summarizes the deficiency of effective defense system in China, put forward the effective legislation to perfect the defense system. Included in the pre-trial stage, stage of trial, the legal aid system and perfect punishment argue effective defense lawyer complementary measures from several aspects, in order to be able to render legislation to exercise the effective defense system in China.