Effective Assistance Of Counsel In China

The right of defense is a kind of litigation rights recognized by the law of many countries.The protection of human rights and the degree of civilizationin a country are often shown in the development of the defense systemof criminal justice.The principle of Effective Assistance of Counsel is the guarantee of the effective exertion of the right of defense.America has set up a system called Litigation of Ineffective Assistance of Counsel,which determinesthe definitions of the Effective Assistance of Counsel from the opposite side,makesthe Effective Assistance of Counsel have a complete and mature system.This system is established on the basis of the principle of human rights guarantee,the theories of checks and balances and the principle ofjudicial justice.It has an important effect on ensuring substantive justice and procedural justice.It also has vital influences for promoting lawsuit efficiency.There is no clear legal exposition of Effective Assistance of Counsel in our country,so there is no full sense of the Effective Assistance of Counselsystem.In our country,there are a lot of shortcomings of Effective Assistance of Counsel in the specific judicial practice,which lead to a low rate and a poor quality in criminal defense.Lawyers are agents of the judicial civilization of a nation.Modern countries attach great importance to human rights and judicial construction which,to a great degree,is reflected in the value they put on the lawyers,criminal defense lawyers especially,To a certain extent,protecting the rights of the defense lawyers in the criminal proceedings,could ensure the realization of Effective Assistance of Counsel.Therefore,the right protection of defense lawyers is vital.In China,the injustice of judicial authority and the deviation of law enforcement bring defense lawyers a lot of trouble.Therefore,we should try our best to build a perfect Effective Assistance of Counsel System in China.In order to achieve it,we should analyze the actual situations,then improve legislation,change the concept of justice,protect the rights of lawyers and defendants,and improve the quality of defense lawyers.There are five chapters in this paper.Chapter 1 mainly introduces basic theory of Effective assistance of counsel,including the concept and development of effective defense system and its.Chapter 2 mainly discusses the current situation of exercising criminal defense right of lawyer on effectiveness of defense in our country,then analyzes the reason for the problems on such basis.Chapter 3 mainly discusses the positive significance of Effective Assistance of Counsel System.Chapter 4 mainly introduces the significance of the right protection for the defense lawyer.Chapter 5 concludes the methods and suggestions suitable for effective defense system of criminal in our country at present.