The Research Of Effective Defence System

In our country,in-depth exploration of the effectiveness of criminal litigation structure gradually changes and the status of criminal defense and problems require us to criminal defense quality or criminal defense,so the study of the criminal defense lawyer is an urgent issue,it will become the focus of research of criminal defense system in China the future.The text of this article is divided into four parts:The first part is an overview of the effective defense system.This part discusses some basic theoretical issues of effective defense,defines the meaning of effective defense,namely effective defense refers to lawyers in each stage of criminal procedure,including in the pretrial procedure and judicial procedure,exercise the right to defend,faithfully fulfill defense responsibilities,strictly abide by the occupation morality,timely and accurate proposed defense advice to the principal,formed the essence of the confrontation with the judicial organs,the maximum safeguard the legitimate rights and interests in the procedure and substance of the criminal suspects and defendants.The research of this system has very important litigation significance and value,including protecting the legitimate rights and interests of the accused,promoting equal defense against prosecution and defense,and preventing miscarriage of justice.The second part is the investigation of the invalid defense system in the United States.The effective criminal defense originated from the precedent law state of the United States.The establishment of effective criminal defense is also decided by the Supreme Court of the United States in the form of precedent.Through sorting out the reasons,criteria and consequences of the US system,it explores the significance of ineffective defense system in the US,especially the introduction of invalid defense system in China.The third part is the realistic basis for the construction of effective defense system in China.The first part of the two major problems currently exist in our country's effective defense,a defense rate is not high,the two is the defense of poor quality,including the exercise of the right to counsel the obstacles of legal aid,defense supply quality is not high,the lack of sentencing defense effectiveness and independence.Followed by an analysis of the causes of effective defense can not be fully realized,including litigation structure imbalance of power,defense lawyers' rights lack of effective legal protection and relief mechanism,the defense lawyers,lawyers environment comprehensive quality is not high,and analyses the reasons of legal aid status and sentencing defense situation.The fourth part is the realization path of the construction of effective defense system in China.First of all,the basic problem is to establish effective defense measure,namely the standard minimum defense lawyer conduct to fulfill defense responsibilities;secondly,establish a disciplinary mechanism of ineffective counsel,from procedural sanctions,civil sanctions,disciplinary sanctions on three aspects of ineffective assistance of counsel for punishment and sanctions;thirdly,to improve the lawyer's practice right guarantee system,including the right of meeting,marking the right,the right of investigation and evidence collection,speech immunity,and the establishment of professional rights infringement relief mechanism;finally,perfecting the effective defense,namely the establishment of access mechanism,China's criminal defense of the perfection of criminal legal aid system,strengthen effective sentencing defense.