Research On Effective Criminal Defense Under The Background Of Substantive Trial

The substantive reform of trial is an important part of the reform of litigation system centered on trial.Its basic goal is to ensure that trial plays a decisive role in finding out facts,identifying evidence,protecting litigation rights and impartial adjudication."Achieving cross-examination of procedural evidence in court,ascertaining the facts of the case in court,expressing the opinions of the pleading in court,and forming the reasons for the adjudication in court".In response to these elements and requirements,courts at all levels have carried out specific exploration,research and pilot work in accordance with the "Three Rules" of the Supreme People's Court in deepening the substantive reform of court hearings,and gradually implemented and promoted the substantive reform of court hearings.The defender is a participant in criminal trial and an important participant in criminal proceedings.In order to realize the substantive trial,not only the efforts of the public prosecution law,but also the full participation of the defense,matching with the corresponding defense content.However,in practice,the falsified cross-court defense is still common,which is not only not conducive to the protection of the rights and interests of the accused,but also an obstacle to the materialization of the trial.Therefore,in the situation that the people's court has made or is making changes in the concept,principle and method of court trial,the defender should also make necessary changes and updates on the concept,principle and method of defense.The first is to summarize and sort out the gains and losses and experience of criminal defense and to reflect on the substantive significance of the reform of criminal trial defense;the second is to improve the service skills and skills of criminal defense lawyers to match the new changes in court trial in order to provide better legal services;the third is to respond to the substantive reform of court trial from the perspective of defense in order to promote it.The "litigation" structure of the criminal trial contributes to the strength of lawyers.