The Study On The Effective Assistance Of Counsel System In Death Penalty Cases

In the judicial adjudication practice of capital cases in China, defense counsels are often the main strength for a defendant who was sentenced to death. They have to try their best to plead for clients. However, one after another of false capital cases indeed came in recent years like "Fu jian Nian Bin’s poisoning case" and "Inner Mongolia Hugejiletu’s case" etc. These defendants were designated to an appointed defense counsel. One wondered, what role did the appointed counsel play in these cases after all? It deserves careful reflection. False capital cases are frequently appeared in the newspaper, of course it involves problems of judicial system, but one reason that cannot be neglected is that the criminal suspect’s right of defense whether or not can be achieved completely. It doesn’t mean focusing on the form of right of defense but also paying more attention to its substance in effective assistance of counsel in death penalty cases. That is to say defendants not only have a "lawyer to plead his case", but also have an "effective assistance lawyer". Defense counsels’ mission and responsibility is to protect the defendant’s life, and to devote in fair trial of death penalty cases, curb improper sentence of death penalty and prevent the happening of false capital cases.This paper consists of five part to discuss the system of effective assistance of counsel in death penalty cases. The first chapter is the introduction by comparing two of misjudged cases of death penalty defense leads to the research background of this thesis, and is concerned with the significance of lawyer defense in death penalty cases.The second chapter is the connotation of effective defense. In China, The "effective assistance of counsel" should include three aspects:First, the "effective assistance of counsel" is the substantive nature of the lawyer’s defense, that is, the requirements of the defense to achieve a certain quality, and not just "the form of a lawyer to defend". Second, the "effective assistance of counsel" should be a concept that has the meaning of the system, and should include a series of supporting mechanisms for the realization of effective defense and mutual coordination. Third, the meaning of "effective assistance of counsel" should also be reflected in the relief of "invalid defense"The third chapter is the value of the effective defense of the death penalty cases. In order to realize the procedural justice of the death penalty cases, it is required in death penalty cases of every stage of the proceedings shall be based on a premise: which is, in a weak position, the criminal suspects and defendants must have a representative of the interests of the defence lawyer, dutifully help them defending their own life.The fourth chapter is the current situation and problems of the lawyer’s defense of death penalty cases in China. On the whole, at present, the influence of the lawyer’s defense in death penalty cases on the trial results of death penalty cases is still small, its function is far from being played. The trial mode of "integration" of conviction and sentencing in China hindered the realization of the "effective defense" of the death penalty cases, "negligence of defense opinions" becomes a problem to lawyers. In our country, the quality of practice and the skills of defense are mixed, there is no uniform quality standards for lawyers to defend the death penalty cases. Death penalty cases need to have more abundant than those treated with ordinary criminal cases defense experience and legal knowledge. The lack of specialized management system of defense lawyers in death penalty cases cannot optimize the configuration of the death penalty defense team, death penalty defending effect also cannot be improved. The defense of death penalty has the characteristics of low income and high risk, and the lack of legal protection. There isn’t any legal consequences of procedure for the existence of major defects of the lawyer in the defense of the quality, there is no evaluation mechanisms to lawyers.The fifth chapter is to improve the system of effective assistance of counsel in death penalty cases. In the trial of death penalty cases, it is important to establish the absolute independence of the sentencing process. To improve the system of effective assistance of counsel in death penalty cases, the core is to guarantee the effective implementation of supporting system and improve the sense of duty to defense counsel. It is a crucial matter to build up the ranks of death penalty counsels. We should also improve their practicing security and establish a unified standard for defending. More importantly, we must build a scientific and disinterested appreciation mechanism of defense quality in death penalty cases.