Study On The Effective Defense Of Counsel System In Death Penalty Cases In China

In the judicial practice of death penalty cases in China,the lawyer is the main force to realize the equal confrontation and protect the rights of the accused.However,there are many misjudged cases of death penalty in recent years,such as NianBin,HuGe and NieShubin......These misjudged cases of death penalty have something to do with the imperfect legal system.But it will make us rethink profoundly:What's the role the lawyer plays in death penalty cases?How to protect the rights of the accused in death penalty cases?Focus on effective defense,and build the effective defense system of death penalty cases in our country,so as to achieve a fair trial.Current studies are mostly focus on the effective defense in broad terms in China.They discuss how the judicial authorities protect the rights of the accused.Their discussion focus on the responsibility of defense lawyer.This article discusses the effective defense in narrow terms.It focuses on the accused's rights being damaged by an inefficient lawyer.It also focuses on the remedy measure by proceedings to the court because of the ineffective defense.The foreword introduced the object of this paper.It's the progress of effective defense.The effective defense should include two aspects:First,it asks the lawyer to do his best to defense.Second,effective defense is not only a concept,but also a kind of system.The first part analyses the present situation of defense in the death penalty cases in China:First,the lawyer disloyal,incompetent,performing,unreasonable and so on.Second,lack of laws and regulations.At present,there're laws and regulations to restraint a lawyer 's irregularity behavior,such as charge what they like,arbitrary charges,disturb the order of the court,private meeting with the judge and prosecutor.But there're no laws and regulations about ineffective defense.It also analyses three reasons from economic,culture and system.The second part probes into the effective defense system of the death penalty cases in America.Judgment standards of effective defense provide incentives in entity.Proceedings to the court because of the ineffective defense provide remedy measures on the program.The third part provides two suggestions for building our country's effective defense system of the death penalty cases by learning from America.First of all,we should establish effective defense guidance documents according to the situation of the current laws and judicial practice.Second,we should build a system of proceedings to the court because of the ineffective defense.Effective defense system judge whether the lawyer's defense quality reached the standard of effective from the point of view of the accused.It also provides the accused an opportunity of fair trial as a remedy measure.With the deepening of the judicial reform and the development of legal conditions,the academic circles and the judicial practice begin to concern about this problem.