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An Effective Defense From The Perspective Of Trial

Posted on:2018-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2356330542484076Subject:Law
Abstract/Summary:PDF Full Text Request
In the fourth Plenary Session of the 18th CPC Central Committee through the CPC Central Committee Resolution on promoting some major problems of ruling the country by law regulates that,"justice is the lifeline of the rule of law,justice for social justice has an important leading role,judicial injustice can damage the fatal for social justice".China is now carrying out the trial-centered reform of the litigation system,and its basic theory is the trial center theory.As the most important litigation right of the accused,the right of defense occupies the core position in the right system.As for the relationship between the trial-centralism and effective defense,effective defense asks for practice security requirements for lawyers' rights,improve the quality of legal service.Thus effective defense can promote the trial-centralism.On the other hand,the effectiveness of the final defense in the litigation activities reflected a substantial impact on the court decision.In the mode of investigative-centralism.Therefore,the trial centralism is the prerequisite of effective defense.Therefore,the trial centered litigation system reform is conducive to the construction and perfection of the system of effective assistance of counsel.Combined with the existing problems of the current defense system in China,the author believes that the following aspects should be improved.First,we should establish the relevant principles of effective defense and improve the corresponding system at the legislative level,and gradually explore the possibility of invalid defense system applied in china.Second,in the judicial area,protect defense lawyer's rights in the trial practice;Third,the legal profession of lawyers committed to improving the environment,improve the occupation incentive mechanism,security mechanism,lawyers should improve their skills for effective defense to provide intellectual support and capacity based.
Keywords/Search Tags:Trial-centralism, Investigative-centralism, Judicial-centralism, Effective assistance of counsel, Ineffective assistance of counsel
PDF Full Text Request
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