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

The defense of the lawyer is an important way to protect the rights of the accused,and it plays an important role in the death penalty review.Under the background of the law of human rights protection,the role of defense lawyer in the case of death penalty is becoming more and more prominent.The maximum value of the death penalty review procedure depends on the defense of the lawyer in the death penalty review procedure.If there is no defense lawyer involved in the review process of death penalty,it is difficult to minimize the risk of wrongful death in death penalty review cases.In the end,the last chance of relief given to the accused by the death penalty review process will be limited.Due to the restriction of personal freedom and lack of professional legal knowledge,it is almost impossible for defendants to defend themselves.As the special defender of the defendant's rights,lawyer is familiar with the defense business and has professional legal knowledge.Only through lawyer's defense can the defense right of the defendant be effectively guaranteed.At present,in our country,although the defense lawyers involved in the scope of the death penalty review cases is limited,but in practice,still exist through lawyer's defense ultimately change the judgement case,the lawyer has played a positive role in the limited scope.Based on the setting of the death penalty review procedure,analysis the value of the death penalty review procedure of a lawyer and a lawyer in current death penalty review procedure,the analysis of the present situation of death penalty review procedure of a lawyer.In the process of death penalty review,lawyer's defense has great practical significance in ensuring the correct application of death penalty,safeguarding the rights of defendants in death penalty cases,safeguarding legal authority and enhancing judicial credibility.Network published in recent five years in China the written judgment of the supreme people's court review of "the case of a defendant" such as sample comprehensive analysis to review death penalty cases the written judgment,analyzes the status of the death penalty review procedure of a lawyer.At present,it is mainly manifested in two aspects: on the one hand,the defense rate is low,and more than 90% of defendants cannot get lawyer's defense;Onthe other hand,the defense effect is poor,even if the judgment result of the lawyer's defense case is not satisfactory,the lawyer's defense can have little effect on the result of the review of the case.The main factors causing the above situation are: low commission defense rate and absence of legal aid;Existing trial methods severely limit the role of defense lawyers;The protection of lawyer's rights is not in place,and it is difficult to obtain effective relief once lawyer's rights are damaged.In view of the status quo of lawyer's defense in the process of death penalty review and the causes of the present situation,the specific measures to improve the lawyer's defense system in the process of death penalty review are proposed below.To maximize the value of lawyer's defense in the process of death penalty review.First,establish the system of legal aid of the death penalty review procedure,put into a special fund to support the death penalty review cases of legal aid,science to determine the legal aid lawyers,legal aid lawyer for professional training and specialized management,security can get a lawyer to review death penalty cases the defendant,increase the rate of death penalty review cases defence.Second,establish the death penalty review hearing model.The death penalty review hearing model is constructed from the aspects of the initiation of the hearing,the participants of the hearing,the content of the hearing and the effectiveness of the hearing,so as to create a platform for defense lawyers to better reflect the defense opinions.Third,establish the effective defense system of death penalty review procedure,to ensure lawyers to defend,build form a complete set of effective relief mechanism,improve the quality of a lawyer,finally realizes the maximum role in the death penalty review procedure.