A Study On The Effective Defense Of Criminal Proceedings In China

Defense is the suspect and the defendant to enjoy the most basic litigation rights,should be the greatest protection.With the continuous emphasis on the right of defense,our country in the maintenance of the right to make a defense.The criminal defense has been further improved,especially in the Criminal Procedure Law,which was revised in 2013,which has been perfected by the defense counsel "meeting","scoring" and "investigating evidence".It is undeniable that China's criminal defense still has many internal and external obstacles,leading to criminal defense,especially the criminal defense of lawyers can not effectively play and achieve,there is a serious criminal defense effectiveness of the obstacles.Among them,the external factors are mainly manifested in: the imperfect legislation;the obstruction of the judicial environment;poor industry supervision.These external factors led to the absence of lawyer's lack of defense,did not dare to play their own ability,mostly to take a conservative way,and even contrary to the way of professional ethics lawyers to defend,only the formal significance of the defense without practical effect.The internal factors influencing the validity of the lawyer's defense include: the professional ethics of the defense lawyer,the lack of professional ethics,the lack of professional norms and professionalism,and the realistic risk aversion of criminal defense.In theory and practice,most people are considering how to solve the external factors of the constraints,while ignoring the lawyer internal subjective factors in the study,research and improvement,especially effective defense duties and standards of the study.Therefore,based on the comparison of the effective defense system of Anglo-American law system,this paper focuses on the study of the effective defense of criminal defense lawyers in China,and tries to explore the practical obstacles to the criminal defense of lawyers in China's criminal justice environment.The principles and standards of effective defense in our criminal defense are the basic theoretical support and guarantee for the improvement of the quality and level of criminal defense in our country.The establishment of effective defense on the one hand is to provide a standard and guidance for the defense of lawyers,hoping lawyers from their own point of view,to restrain themselves,to provide high-quality effective defense;the other is also for the suspect,the defendant to provide a relief Way to let the defense lawyer pay for their own fault behavior,the past is the form of lawyers in the form of defense gradually turned to a real defense,and truly maintain the criminal suspects,the defendant's legitimate rights and other litigation rights,and effectively protect the judicial practice of defense Effective,full and comprehensive exercise and implementation,in order to maximize the protection of criminal proceedings in the equal control of the basic litigation framework of the existence of reality.