Research On The Effectiveness Of Criminal Entities Defense

Whether it is based on the basic requirements of the party and state policy,or based on the pursuit of the essence of the spirit of protecting human rights,criminal defense effectiveness is a practice to solve and important problem in theory have to consider.The current study are "cookie-cutter" to defend the effectiveness of implementation in the hope of improvement of the system of criminal procedural law on defense.Although the effects of related program design is an important factor in achieving effectiveness to defend,today's defense system is increasingly perfect,defense effectiveness problem especially criminal entity effectiveness is cured,the most fundamental problem actually lies not in the program system is imperfect,but ignored the concerns of solid Angle.Based on the integration of criminal facts of case treatment,in the perspective of criminal entity on the real defense validity study is necessary.This article tries to define the basic concept of criminal entity defense.Through the extensive research on the current investigation,to analyzes the problem of it's lack of effectiveness from the perspective of the entity to explore the theory and operating steps that defend the effectiveness of criminal entity defense.It is divided into four parts,A total of more than forty thousand words.The first part is the basic definition of "the effectiveness of criminal entity defense,",and it is the logical starting point.Mainly analyzing the concept of criminal entity defense and based on the object of litigation,it into "physical innocence","solid defense of the crime" and as an independent defense form of "sentencing defense" three kinds,While combing the criminal and criminal procedure defense five points difference.On the basis of a clear definition of the concept and standards about defense effectiveness,comparing " Effective Defense " and "defense effectiveness",systematically explaining the concept of the effectiveness of criminal entity defense.And take the behavior standards and results as the criminal entity effectiveness judgment standard,to make essential basic preparing for research of next part.The second is an investigation on the validity of the defense of criminal entity,is is a part of find problem.Through the analysis of the data typed examines the current situation of the effectiveness of the defense of criminal.And found that the substantive role of lawyers inthe defense of criminal entities did not play effectively.Embodied in qualitative defense shall be conducted to defend innocent or light sin without,should not take innocent or light defense and take offense.The argument of qualitative defense is divorced from the facts of the case or the criminal law;qualitative defense views are adopted by the court in a lower proportion.In the defense of sentencing,the use of sentencing defense strategy is not sufficient.Sentencing situation is not appropriate and not comprehensive;sentencing defense opinion by the court to adopt the proportion is not high.The third part of the "criminal entity defense effectiveness of the reasons for the lack of analysis," is the crux of the analysis part.This part analyzes the reason of the lack of validity of the defense of the criminal entity from the perspective of criminal entity,mainly because there are some misunderstandings about the understanding and application of some criminal lawyers in criminal substantive law.In particular,ignoring the guiding role of the principle of statutory crime and suiting punishment to crime,and not sure about the composition of the crime and not sure about the composition of the crime and understanding of sentencing plot is not clear is the main reason of some problems in the qualitative defense and sentencing defense like the strategy and the demonstration is not suitable?and the adoption rates is low.The fourth part is the “choice of the path that protect the effectiveness of of the defense of criminal entity”.It is the basic theoretical part.This part provides the theoretical support for the lack of validity of the defense of criminal entity defense,including strictly abide by the principle of statutory crime,suiting punishment to crime,etc.In the correct grasp of the line between general provisions of criminal law and special provisions of criminal law.and base on the grasp,make them become an organic combination.As well as based on the standpoint of the system theory to systematically explain the relevant content of criminal law.Based on the non-rigidity of conviction and sentencing.catch the moment to use the criminal policy of combining punishment with leniency.Properly emphasis on the modest spirit of criminal law and others.The fifth part "Operational steps to enhance the effectiveness of the defense of criminal entities" is a specific operational part.First of all,lawyers should be based on a comprehensive understanding of the case on the basis of criminal law as a guide to sum up the facts of the case.Secondly,according to the relevant rules of criminal law and the orientationof policy and criminal spirit,make a reasonable choice of criminal defense strategy.Finally,make a comprehensive summary about fact grounds and legal reasons of the parties innocent,guilty of light,or light,mitigated,exempt from the punishment.And based on the "broad" of the criminal policy of temper justice with mercy and the spirit of criminal law such as humility and modest,to improve the innocence of defense opinions,guilt defense opinion or sentencing defense opinion.