Construction Of Chinese Invalid Defense System Of Death Penalty Cases

The development of modern criminal procedure system is inseparable from the continuous improvement of the defense system.The expansion and the protection of the right of defense is an important part of the establishment of advanced criminal procedure system.The revised Criminal Procedure Law in 2012 enriched the connotation of the defense system,strengthened the countermeasure factors advocated by the criminal justice reform,and provided the institutional basis and guarantee for the lawyers to give full play to the defense function.On this basis,the academic attention to the defense system gradually shifts from the perspective of the enjoyment of the right of defense to the exercise and relief of the right of defense,paying particular attention to the quality of the defense as well as the procedural relief.In China,if the defense lawyer is remiss in his duty or violates the right to defend of the accused,the relief means are usually civil compensation,disciplinary or administrative penalties.These relief measures pay more attention to the prevention of lawyer's incompetence,but do not provide substantial relief to the unfair treatment of the accused in criminal cases.The seriousness of the death penalty makes the effective exercise of the right of defense and timely relief for the death penalty meaningful in the death penalty cases.In the case of death penalty,the cost of infringing the right of defense is enormous."A right without remedy is not right ",since the proper meaning of the right of defense includes the effective help of the prosecuted,the emphasis on the effective defense will logically generate the question of how the relief is when the right is infringed.Invalid defense system is concerned with the quality of defense,is committed to the defense of the defendant,to resolve the risk of separation of the right of defense,which is of great significance to promote the balance of prosecution and achieve justice.China should draw lessons from the system in the death penalty case and construct an invalid defense system for death penalty cases with national conditions.The system of invalidation of death penalty cases originates from confrontational countries,and the system has rich practical experience now.Chinese scholars have raised a lot of countermeasures to improve the quality of the death penalty cases,but they have the opposite attitude towards the construction of invalid defense system in our country.In this paper,the main points of the supporters and opponents are clearly presented in the form of a list,and the discussion of the existing cultural background,the judicial environment,the quality of lawyers and the system constraints are discussed and commented on the views of all parties.The author puts forward the concrete construction of the system of invalid defense of death penalty in our country.It also puts forward the feasibility and necessity of constructing the invalidation defense system of death penalty in our country to improve the quality of the death penalty defense and the defense right of the death penalty defendant.This article holds that the right of defense contains the power element of "validity",and the effective defense is the proper meaning of the right of defense.In the relevant concept of discrimination,effective defense is an advanced criminal justice concept,invalid defense is a specific system to protect the effective defense.The system of invalidation of death penalty cases has abundant connotation from the five aspects of rights base,system subject,function orientation,value pursuit and legal consequence.Human rights protection,procedural justice and procedural sanctions are used as guiding theory.China is a modern country under the rule of law,for the attention of human rights and procedures,the reform of the trial center,the application of "less kill,cautious kill" policy and the improvement the quality of the death penalty case of the actual provides the opportunities and conditions of the introduction of invalid defense system.In the system construction,China should formulate a unified standard of defense of death penalty cases and sum up the criteria for the determination of invalid defense for serious lawyer misconduct defense and government obstruction of defense,and should construct the matching system,improve the protection of lawyers designated to the death penalty,establish the access system of defense lawyers in death penalty cases and so on.