An Empirical Research On Listening To The Defense Service By Attorneys During The Prosecution Phase

In this paper, author conducts a research on listening to the defense opinion by attorneys in the stage of review and prosecution phase in Prosecutor’s Office S County Z province from 2010 to 2014 totally five years, by attorneys’ participation, defends the views, and the public prosecutor’s adoption, feedback, and the related date analyzed by both, finds the problem on the prosecution phase and analyzes the reasons for the problems, and finally offers the advice on how to solve this problem.This paper, about 30,000 words, falls into three parts: the introduction, main body and conclusion. The main body is divided into three chapters.Chapter I Inventory survey. To take S County Z province as an example, the author collects the relevant data to reduce the inventory comprehensively and accurately on listening to the defense opinion by attorneys in the stage of review and prosecution phase in S County as below: the attorneys’ participation, defends the views in the stage of review and prosecution, the public prosecutor’s adoption,feedback, and the prosecutor, the defense attorney’s comments etc.Chapter II Identify problems and analyze the reasons. The survey finds that the system of listening to the attorney’s defense opinions exist the problem of the low proportion by attorneys’ participation cases, because of the suspect thinks that there is no need to invite an attorney in that easy cases, and there is little chance to get an appointed defense, the function of attorneys not be taken seriously in the prosecution phase; and also has the problem with less defense views which be offered by the attorney, the reason is that the inadequate ability to offer defense opinions, and attorneys go through the formality during the appointed defense, the commission defense attorney refuses to provide advices; and the problem of the low proportion of defense opinions to be adopted, the reason is that the quality is not good, the time is too late to be provided, the low proportion of acquittal in the prosecution cases. By identifying problems and analyzing the reasons, to lay a basis for the targeted recommendations.Chapter III Put forward a sound proposal. Proposes to improve the appointed defense system, specifically from the following: Appropriates to expand the scope of appointed defense should be specified, establishes the appointed defense attorney’s evaluation and announcement mechanism, increases the body of applying for relief of the designated defense etc.; Proposes to recommend the cases’ public censorshipsystem, specifically from the following: Sets up a special investigating Office, clears the public review scope, develops the public review’s working methods and requirements, rationalizes the relationship between the various departments etc.;Proposes to explore and to establish the indictment reasoning system, specifically from the following: expends the proportion of written defense opinions by attorneys,and increases the public prosecutor’s business training etc.; Proposes to change the present situation of the low acquittal, specifically from the following: cancels the assessment indicators of acquittal rate, reduces the standards of evidence during the prosecution phase etc.