Research On The Ineffective Assistance Of Counsel

In China constitution law, and are clearly stipulated in the criminal procedure law,the criminal suspect or defendant has the right to defense, at the same time, the people’scourts shall have the obligation to ensure the implementation of this right. Defendant as acriminal suspect or defendant procedural rights of one of the most basic, theimplementary effect of the how to directly affect the fairness of the whole process ofcriminal proceedings, more directly reflects the level of a country under the rule of lawand human rights protection. Criminal defense, however, as a highly professionalbusiness, for most people without legal learning experience is insufficient, the criminalsuspect or defendant lawyer can only hope to have professional skills. Thus,"get alawyer to help" is the first step to safeguard the criminal suspect or the defendant theright to defend.As the new "criminal procedural law" in2013formally went into effect and itsjudicial interpretation, to strengthen the original "by","appointed defense" two lawyerdefense system at the same time, the law on lawyers involved in litigation time also,lawyers marking on the right, right of meeting with right safeguard also had the obviousprogress, can say "get a lawyer to help" in our country has preliminarily accomplished.And the corresponding theoretical research focus is gradually from the protection oflawyers form such as meeting right, reading right security system to protect the accusedperson the right to defend the essence of the system transfer effectiveness, namely on thebasis of "get a lawyer", focus on "to obtain the effective defense lawyers".In January2008, the China university of political science and law in college ofcriminal justice and the justice department legal aid center in Beijing held a nationwidespecial training about "effective criminal defense", in the process of training, from theUnited States federal public defender lawyer Russell styler lawyer office introducesrelated ineffective defense system of the United States. Ineffective assistance of counsel,in the United States is a safeguard effective defense lawyer to ensure a fair trial system,domestic scholars will be translated into "invalid". Invalid defense system in the UnitedStates aimed mainly at the lawyer in criminal defense, the trial results due to its malpractice for being prosecuted people, which direct invasion accused person the rightto defend it, it was created to substantially ensure lawyers gained by the accused personis practical and effective help.By contrast, in our country, once accused people is invalid, the lack of practicalrelief system, the relevant legal rules appear too shallow, the overall lack of theprotection of accused person the right to defend. The protection of the accused person theright to defend rules focus on the accused man get a lawyer "quantity", but ignore the"quality" to get a lawyer. Therefore, our country should establish the ineffective defensesystem as soon as possible, will be for the protection of accused person the right todefend from the form level into the substance level.