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Research On Defense Conflict And Its Solution Mechanism In Criminal Procedure

Posted on:2020-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y W JiangFull Text:PDF
GTID:2416330572477735Subject:legal
Abstract/Summary:PDF Full Text Request
The defense conflict in criminal proceedings refers to the internal conflicts arising from the defense party at any stage from the beginning to the end of the defense.Specifically,it refers to the differences of opinions existing within the defense subjects such as criminal defense lawyers and accused persons.In recent years,along with the development of the rule of law in the country.As the accused in criminal cases,their sense of participation in criminal proceedings has gradually increased.The sense of participation of criminals in criminal cases has gradually increased.The opinions of the accused show the characteristics of independence and difference,which leads to the increase of the frequency of defense conflicts,which not only causes disorder in criminal proceedings,but also is not conducive to the protection of the rights of the accused.The direct reason for the appearance of defense conflict is that in the current independent defense system in China,the right of the accused and the defense lawyer to decide the defense objectives and defense strategies is not clear,the difference of opinion leads to the conflict of defense.The fundamental reason is the difference in the pursuit of interests between the defense lawyer and the accused.In the face of the same dispute,the different choice of interests between the defense lawyer and the accused will inevitably lead to differences.However,for the phenomenon of defense conflict,whether in the theory of criminal procedure or in judicial practice,there is no good solution.Therefore,it is necessary to carry out specific research on defense conflicts,learn from the experience of different legal systems countries in handling conflicts of defense,and establish a mechanism for resolving defense conflicts in China.The paper is divided into four parts,the main contents are as follows:The first part is the description and theoretical definition of the phenomenon of defense conflict in China's criminal procedure.By describing the phenomena of defense conflicts in "Li Zhuang case","Li Tian case","Zhou Zhenglong case"and other cases,and on the basis of summarizing the similarities and differences of different defense conflicts,this paper makes a theoretical analysis of defense conflicts from the concepts and characteristics of defense conflicts.The second part is based on the investigation of litigation practice and theoretical research in different legal systems,combing and summarizing the existing defense conflict resolution model.It mainly includes the following three types:one is the"defense lawyer-led" model of the civil law countries,which is also the mode adopted in China's current judicial practice;the second is the "accused-led" model of the Anglo-American legal system countries;The third is the model of "collaborative defense" put forward by theorists.Through the evaluation and analysis of different modes,the specific operation mechanism,advantages and disadvantages are discussed.The third part discusses the reasons for defense conflicts in criminal proceedings in China.In our country,the decision-making power of defending conflicts in criminal proceedings is unclear,the differences in the pursuit of interests of the subjects in the defense,the lack of respect for the defense lawyers by the accused,some defense lawyers have low professional quality,and the lack of communication in the judicial practice between the defense subjects.These are the main reasons for the frequent occurrence of defense conflicts.The fourth part is to discuss the mechanism of resolving the conflict of defense in the criminal procedure of our country.According to the judicial practice of our country,this paper puts forward a two-step solution to the conflict of defense:At the present stage,we should restrict the independence of lawyers' defense and construct a limited mechanism of lawyers' independent defense;when the conditions are ripe,when conditions are ripe,we should enhance the defense status of the accused and construct a cooperative defense mechanism.It is more realistic and feasible to build a"two-step" defense conflict resolution mechanism.It conforms to China's national conditions and is conducive to the protection of the rights and interests of the accused.
Keywords/Search Tags:defense conflict, solution model, independent defense, collaborative defense
PDF Full Text Request
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