Research On The Lawyer Effective Defense In Our Country

Access to defense is the basic litigation right of the accused in the criminal procedure, but also the premise and foundation of the construction of defense system. As an important indicator of the democratization and scientific of the criminal procedure in modern countries. To improve and perfect the defense system is an indispensable part of the legal system in every modern country ruled by law, the criminal suspects and the accused have the right to access to defense is fitted by constitutional principles, these rules can be reflected in criminal procedure. Access to defense is protected by every states constitution and international human rights conventions as a fundamental right.Establish the effective defense concept and improve the effective defense system in our country has important practical significance in earnestly safeguarding the legitimate rights of the accused and promoting the fairness of the criminal procedure. On the premise of the implication and significance of lawyer effective defense, the author also analyzes international standards of lawyer effective defense and the United States and British lawyer effective defense legislation and practice, especially the lawyer effective defense system with mature theory system and perfect legislation system of United States, it has a great significance to the development of the lawyer effective defense in our country. Although the Criminal Procedure Law of our country has made the specific provision of the defense system, but there are still many problems in lawyer effective defense system in our country. For example, in the pre-trial stage, the defense lawyer has difficulty in meeting, marking, investigation and evidence collection. In the trial stage, the counsel of the defense lawyers often have many obstacles, leading to cross-examination, adopting the views, the power of investigative organization, procurator organization and judicial organization is too large, abuse of power and other issues.After analyzing the shortcomings of the lawyer effective defense of our country, the author puts forward the corresponding measures to solve above problems, including entrusting the lawyer to meet more freely, wide range of marking right, independent investigation right, the full right of cross-examination, establishing normative defense opinions adopted system, improve the related supporting measures several aspects.Obviously, in order to ensure the play of the role of lawyers fully, it is necessary to make further improvement of the defense system from the point of view of the effective defense.