Research On The Effective Defense Of Lawyers In The Death Penalty Review Procedure

The death penalty is the punishment for depriving the defendant’s life,once deprived is irreversible.The death penalty review procedures of our country is the final examination and approval procedures for the Supreme People’s Court on the immediate execution of death penalty cases.As the last hurdle in the death penalty case,the death penalty review procedure is vitally crucial to limit the application of death penalty and prevent the abuse and misuse of death penalty.The death penalty review procedures must be supplemented with the perfect system to display its value function.Among them,the establishment of the lawyer effective defense system in the death penalty review procedures for the function of death penalty review has the vital role.The amendment of criminal procedure law and its judicial interpretation in 2012 further affirmed that defense lawyers can participate in the death penalty review procedures and put forward the defense opinions,which is a significant progress in China’s judicial reform.However,because of the existing legal provisions of lawyers involved in the death penalty review procedures is rough,the law does not clear legal aid to the death penalty review stage,but also does not specify the right to defense in the review of death penalty.Coupled with the lack of defense lawyers own practice skills and practice morality,leading lawyers to exercise the right of defense difficultly in the death penalty review procedures.This not only undermines the defendant’s right to defenses,and is not conducive to the protection of the defendant’s rights,but also violates the purpose of the establishment of the death penalty review procedure.In view of this,I believe that the establishment of lawyer effective defense system in the death penalty review procedures,not only protect the defense lawyers involved in the form,but also pay more attention to the effectiveness of defense lawyers involved in the death penalty review procedures in essence.The establishment of lawyer effective defense system is the key that give full play to the function of the death penalty review in the death penalty review procedures,and is the original intention of procedural justice.This paper attempts to combine typical cases and relevant data,with four chapters to discuss the issue of lawyer’s effective defense in China’s death penalty review procedures.The first Chapter introduces the connotation,characteristics and functions of the death penalty review procedures,and then discusses the connotation of lawyer’s effective defense and the legal provisions of lawyer’s defense in the death penalty review procedures.The second chapter first introduces the majority of defendants did not get a defense lawyer to defend in the death penalty review procedures,even if there is a defense lawyer to defend,it is difficult for defense lawyer to exercise the right of defense,the effect of defense is poor,and the verdict of the death penalty review does not specify the opinions of defense lawyers.And then combined with the description of present situation above,I analyze the reasons from four aspects:the non antagonism and secrecy of the death penalty review procedures,the absence of legal aid and defense lawyers are difficult to enter the death penalty review procedures,the existing law is rough and not operational,and the skills of defense lawyer is poor.What is more,the sense of responsibility of defense lawyers is not strong.The third chapter mainly from the constitutional requirements of the state respects and safeguards human rights,the inherent requirements of the death penalty cases of procedural justice,the practical requirements of ensuring the quality of the death penalty review and preventing miscarriages of justice occurred,increasing the credibility of justice,and the requirements of the times to promote the specialization of criminal defense,and to discuss the necessity of establishing lawyers effective defense system in the death penalty review procedures in four aspects.The fourth chapter is the key content of this paper and is based on the comprehensive above,to establish the specific measures of lawyers defense system in the death penalty review procedures from six aspects: One is to define the property of the death penalty review procedures and reform of the way of the death penalty review;Two is to improve the legal aid system and to achieve full coverage of lawyers involved;The three is to strengthen the security of the lawyer’s right to defend in the death penalty review procedures;Four is to establish the defense lawyer qualification access system of the death penalty case;Five is to clarify the minimum standard of the lawyer’s defense in the death penalty review procedures;Six is the death penalty judgment increased defense opinions and reasoning content,and then open on the Web.