On Effective Defense In Criminal Procedure In China

Effective defense is the ideal goal pursued by the defense of criminal lawsuit in China,and it is also an important goal of the reform of criminal proceedings in China.There is no institutional setup for effective criminal defense in our country.However,we can draw lessons from the concept of effective defense in the United States and the concept of invalid defense system.There are many institutional and conceptual barriers to the effective defense of criminal proceedings in China.The newly amended the Lawyer Law of the People's Republic of China in 2017 also failed to change this situation.The criminal defense lawyer's low professional qualifications and professional conduct,high professional risk,the lack of court attention to the position of defense lawyers,and China's long-standing emphasis on substantive justice and contempt for procedural justice are important reasons why criminal effective defense cannot be achieved.The “Provisions on the Protection of Lawyers' Right to Work in Law” and the “Criminal Procedure Law” amended in 2012 have given defense lawyers more enforcement rights and protection.Whether the defendant can obtain effective defense depends on whether defense lawyers can use criminals well.The defense rights and procedural guarantees provided by the procedural law require us to pay more attention to the professional quality of defense lawyers and the promotion of professional conduct.In the future,judicial reform must also focus on regulating the relationship between defense lawyers,criminal suspects,and defendants,and urge defense lawyers to perform their defense activities with due diligence.Therefore,it is necessary to put forward specific suggestions to guarantee the realization of effective defense in criminal lawsuits.This is conducive to fully respecting and safeguarding human rights,safeguarding the legitimate rights and interests of defendants,and facilitating the reform of China's trial-centered criminal litigation system.