Study On The Effective Defense In The Trial Stage

The trial is the statutory stage to determine crime and penalty,which is the final right to obtain defense right.With the promotion of the court-centered reform in the judicial system,the role of the trial stage has been paid more and more attention,the measures have been consummated for protecting the rights of the parties in the trial stage.As the right indwelling the whole litigation system,effective defense is the key to protect the legitimate rights of the litigants.Especially in trial stage effective defense,as the the powerful weapon for defendant to guarantee their legal rights and against the national public power,has an irreplaceable role.However,the current study on the effective defense bias theory than practice,too much discussion staying in substantive judgment and neglecting the discussion of the application research,so the discussion of effective defense in the trial stage is also not convincing in practice.Such as discussing on "Yu Huan homicide",too many comments are talking about the trial of specific decisions,little has been mentioned in the trial defense behavior,fewer judging the legitimacy of the trial results through the consideration of trial defense.We used as a broken power thinking pay attention only to have the final outcome of the trial,turn your back on defense in the process.It can be seen that there isn't enough attention to effective counsel in the trial stage.In essence,in the study of effective defence such thinking is also in trouble,scholars have proposed frameworks from top to bottom,attempted in pursuit of results directly to achieve effective defence,but such a system is essentially ignoring the efficiency defence in defendant's lawsuit status of performance,it is futile to blame the wrong thinking.Protection of the lawyer in such a right there is much more than the party's right relief,the judge's trial has been a complete work flow design.In practice,lawyers overly concerned with protection of their rights,lack of attention to parties in their work,resulting parties did not understand the defense,even losing the trust of the party;judges in trial form,ignoring the submissions of the parties,even without proper treatment,resulting in decline of judicial public faith force.Effective defence becoming a theory,not playing a substantial role,very little influence on the trial,suspects and defendants ' rights can not be protected.So I think that effective defence research should proceed from practice,a party-centered analysis,building common understanding and effective defence concept,to determine a party's principal status in litigation;setting a lawyer's rights mechanisms as the center of party,regulate attorney behavior,implementation the procedural rights guarantee for the parties;standardizing judge right to both punishing crime and protecting human rights,strengthening an effective influence in the adjudication of the defence,achieving “let the people feeling fair and justice in every judicial case ”.