On The Realization Of The Protection Of Right To Defense And Effective Defense

For long,the deficiency in the protection of defense and criminal defense are two most severe problems in criminal justice practice.The two problems also have important inner connection.Although China has been working on these two problems,there are no effective and efficient improvement.Based on the requirements for full coverage of criminal defense,in both the criminal procedure academia and practice,the research and discussion over the realization of effective defense through effective protection of right to defense have become the priority,and have both theoretical and practical significance.First,the author sets clear definitions for defense,right to defense,effective defense,effective defense principles,and other related legal concepts;set the subject of right of the defense right to be crime suspect,defendant,and defense counsel;set the law community as the subject of responsibility of the protection of defense right.Comprehend the legal basis of effective defense,and clarify the significance of achieving effective defense to the improvement of criminal justice system,and to the protection of the legal right of criminal suspect and defendant.Second,from the perspective of statutory interpretation,the author collates and stipulates the causal and practical relationship between the protection of right of defense and the accomplishment of effective defense.Then,the author states the reason why the percentage rate and quality of criminal defense are low is due to the deficiency in criminal legislation,the imbalance in the criminal proceedings,the adverse defense environment,and the uneven and varied level of skills among defense counsel.In addition,in order to apply related experience in effective defense system into practice,the author undertakes a comparative perspective to collect and analyze extraterritorial experience in the protection over right of defense,and system and regulation that enhance the accomplishment of effective defense.Last but not least,combining with the current situation of criminal justice in China,the author states following methods-clarify the Constitutional basis of the protection of right of defense,provide the legal aid in the early stage of the criminal investigation,ensure the funds for legal aid,exclude non-defense counsel's right of defense,establish the entry standard for criminal defense counsel,protect the right for the defense counsel to interview with their clients,investigate evidence and view case documentation,establish verification system for defense counsel regarding their previous records,enhance the compliance of administration documents in criminal justice institutions,and the transparency of legal performance-to enhance and accomplish the effective defense.