A Research On Defense Conflicts And Resolution Mechanism

Defense conflicts will not only cause internal contradiction of the defense side which can weaken the defense effect, but also give rise to court confusion. So it’s necessary to construct a conflict-resolution mechanism. Firstly, in order to understand the essence of defense conflict, it is prerequisite to recognize it on different levels, which is very important to abandon “Independent defense theory”. Secondly, there are many kinds of reasons resulting in defense conflicts. Among them, the duality of interest subjects is the common reason. The prejudice of theory and specific situation in criminal judicial practice are special reasons.This means that the methods of resolving defense conflicts are by no means simple. Thirdly, the analysis and comparison of America and Germany shows that the “Independent agencies” theory of Germany is not suitable for resolving defense conflicts in our country because of the difference of criminal trial mode. Finally, by analyzing the relationship between counsel and the accused, the independence of a lawyer must be limited within the scope of true obligation. On this basis, by thinking about-defendant’s interest and lawyer’s function-two main factors, negotiation mechanism before trial and linkage resolution mechanisms, including adjournment negotiation mechanism, typological decisionmaking mechanism and withdraw mechanism, should be built up.