Research On The Protection Of Effective Defense Of Lawyers

Adequate defense is an important constitutional right of criminal suspects and defendants.The fourth plenary session of 18~thh CPC Central Committee has proposed a trial-centered lawsuit system,the core of which was to realize the substantiality of a trial.With the defense being an important party in the litigation structure,full participation of the defense and effective protection and implementation of defense rights are the core issues of judicial reform.Thanks to the twice modifications of the Criminal Procedure Law of our country,remarkable progress has been made in the duration lawyers could involve in a case,the rights of lawyers and the guarantee mechanism of them.However,there is no denying that there exists a series of new problems in the defense of lawyers under the new situation including the low efficiency and quality of a lawyer's defending,the“three new difficulties”in the defense of a lawyer,the uncertainty of the right relief of a defense lawyer.Under the background of"trial as the center",this paper studies the effectiveness of defense system and is a reflection on the criminal litigation procedures.It is also of great practical significance for ensuring litigation rights and promoting the substantiality of trial.Given that the accused person is usually in custody without personal freedom,lacking professional knowledge and having limited self-protection ability,the theme of this paper concentrates on lawyers'defense behavior under the background of a new round of judicial reform.It introduces the"trial-centered"lawsuit system and related theories about effective defense of a lawyer,analyzes the dialectical relations between the two,and further summarizes their common value pursuit.Through analyzing the problems in the legislation and judicial practice of our country and referring to the experience of effective defense overseas,this paper put forward the following suggestions for perfecting the effective defense system in our country.On the legislative level,it is needed to clarify the defendant lawyer's right of present and right to investigate and obtain evidence in the investigatory stage.To ensure a defense lawyer's right to examining the testimony,related regulations about a witness's entering an appearance in court need modifications.Moreover,the mechanism of the adoption of the defense lawyer's opinions should also be standardized.On the institutional level,it is needed to build a professional and hierarchical lawyer management system,gradually improve the entrance qualifications of a defense lawyer,and establish a quality assessment committee by a neutral third party to evaluate objectively a lawyer's defense behavior.On the judicial level,it is necessary to optimize the judicial environment for the practice of lawyers,protect the judges'judgment of neutrality to establish judicial authority,and require judges to continuously improve their judicial ability.