| The history of a criminal procedure law is the history of the development and expansion of the criminal defense right.Without the progress of the defense right,there can be no real progress in the criminal procedure system of a country.In a complete criminal procedure of prosecution,defense and trial,besides the defendant or suspect can defend themselves,the law also gives lawyers and other defenders the right to defend.They can defend the litigation rights and other legitimate rights and interests of the suspect and defendant by defending facts and laws against the accusation of the prosecution.This is a necessary measure to achieve the dual purpose of combating crime and protecting human rights in the criminal procedure law,and is also the key to safeguard civil rights.The perfection of a country's defense system directly reflects the development of the rule of law in a country.Professor Chen Guangzhong pointed out: "A perfect defense system is an important symbol of the development of democracy and the rule of law in the country...Defense system is the product of human society and judicial civilization.Although the law of our country stipulates that the defendant has the right to apply for criminal legal aid,according to the research of relevant scholars,due to various reasons in judicial practice,there are still a large number of defendants who can not obtain lawyer's defense at the trial stage,which is undoubtedly not conducive to the progress of the cause of rule of law in our country.In order to further protect the rights of criminal suspects or defendants,the Supreme People's Court and the Ministry of Justice jointly issued a document in October 2017 to pilot the implementation of full coverage of lawyers' defense in criminal cases in eight provinces.The release of this document highlights the strength of judicial reform in China and the strong determination of the state to comprehensively promote the rule of law.This means that in the pilot areas,the rate of criminal defense will be increased to 100%,which is obviously of great significance for progress,but we should also see that the implementation of "full coverage of criminal defense" has brought great challenges to judicial practice,and thus many problems have arisen.The author focuses on the current situation of full coverage in the pilot area,finds out some problems in the pilot area through research and development,digs out the reasons through analysis of the problems,and puts forward corresponding solutions according to the professional theory and practice,so as to provide feasible suggestions for the smooth implementation of "full coverage of criminal defense".This paper is divided into four parts,the main contents are as follows:The first part is the value analysis of the pilot project of "full coverage of criminal defense" in our country.The pilot project and the step-by-step implementation of "full coverage of criminal defense" is the inevitable need to promote the reform of criminal procedure system with trial as the center.It can improve the unbalanced structure of criminal procedure in our country at present,and it is also the inevitable requirement of realizing the purpose of human rights protection and combating crime.Guarantee the fair handling of cases,ensure the quality of cases,and ultimately achieve judicial justice.The second part is the introduction and analysis of the pilot operation of J City in G Province.The author classifies and summarizes some important measures taken by J City in G Province.It shows that J City in G Province can improve the defense rate of criminal cases by coordinating the allocation of lawyers' resources and clarifying the triggering situation of procedural sanctions.It can also improve the defense rate through unblocked channels of lawyer relief and establishing incentive and punishment mechanism of lawyer training.The effect of legal aid has also made remarkable progress in increasing the expenditure of legal aid funds and the supervision and assessment of legal aid cases.The third part is the analysis of some problems existing in the pilot.The author enumerates some problems that need to be solved in the pilot,such as: the shortage of lawyers' resources and professional lawyers for criminal defense,the insufficient allowance for lawyers to accept cases,the excessive burden of cases,the lack of provisions on lawyers' responsibility and relief mechanism,the poor effect of "full coverage" defense and the unsatisfactory effect of the on-duty lawyer system.And so on.The fourth part is a detailed demonstration of the feasible suggestions put forward by the author according to the problems.The author puts forward seven feasible measures: actively expanding the resources of lawyers,guaranteeing adequate funds for legal aid lawyers,setting reasonable case load standards and case diversion mechanism,further strengthening the protection of lawyers' professional rights,improving the supervision and management of lawyers,punishing and rewarding mechanism,and defining the lawyers on duty."Defender" status,and gradually expand the scope of legal criminal legal aid cases.I believe that with thecontinuous improvement of the defense system,it will greatly protect the "full coverage of criminal defense" in a stable and far-reaching way. |
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