A Study On The Full Coverage Of Lawyers' Defense In Criminal Cases

The full coverage of lawyers' defense in criminal cases is an important part of criminal justice reform in the new era.Faced with the reality of the double low rate of criminal entrusted defense and legal aid in China,it is of great significance to carry out the pilot work of full coverage of lawyer's defense for strengthening human rights protection and promoting judicial justice.The pilot scheme of full coverage of lawyer's defense in criminal cases was implemented soon.At present,there are few studies on this issue in academic circles,and it basically stays in the aspect of introduction,lacking of constructive measures.Therefore,based on the current situation of our country,it is of great significance to study the system of full coverage of lawyers' defense in criminal cases,introduce the pilot situation of full coverage of lawyers' defense in criminal cases,and explore the way to achieve full coverage of lawyers' defense in our country.This text is divided into three parts,the full text is about30,000 words.The first part studies the basic connotation and litigation value of lawyer's defense in criminal cases.It mainly includes two parts: one is to interpret the connotation of the full coverage of lawyers' defense in criminal cases.The full coverage of lawyer's defense in criminal cases is defined as: in the trial stage of criminal proceedings,in addition to the circumstances that should be notified of defense as stipulated in the Criminal Procedure Law,the people's court shall notify the legal aid agencies to assign defense laws to defendants before the defendants have no defenders or defense lawyers to intervene in the cases that are tried by ordinary procedures,summary procedures and expeditious adjudication procedures.Teachers or on-duty lawyers provide legal aid to them.It clarifies the status of the lawyer on duty as a defense lawyer,and distinguishes the full coverage of the lawyer's defense in a broad sense from the full coverage of the lawyer's defense in a narrow sense.The second is to analyze the value of lawyers' defense in criminal cases.Firstly,the right to defense is a basic civil right enjoyed equally by everyone in a society ruled by law.Secondly,the full coverage of lawyer's defense is due to the reform of litigation system centering on trial.Thirdly,the criminal defense system is a necessary system to ensure judicial justice.Finally,improving the defense rate of lawyers in criminal cases conforms to the development trend of human rights protection in the world.The second part introduces the practice of the trial of full coverage of lawyers' defense in criminal cases.Firstly,the achievements of the pilot areas are summarized.On the one hand,since the implementation of full coverage of lawyers' defense in criminal cases,the number of legal aid cases in the pilot areas has increased to varying degrees,which guarantees the defendant's right to defense to a certain extent.On the other hand,the pilot areas have explored a series of useful experiences in the process of implementing full coverage of lawyers' defense.First,in order to ensure the supply of lawyers' resources,a criminal defense professional lawyer bank should be set up.Secondly,we should standardize the mechanism of notification and defense to ensure the smooth development of legal aid.Third,we should establish a case quality management system to improve the quality of defense.Fourth,individual pilot areas give duty lawyers the right to read papers,which produces the expected legal effect and effectively safeguards the rights of criminal suspects.Secondly,the main problems in the pilot project are analyzed: firstly,the legal aid staff is insufficient and uneven distribution,and the lawyer resources in some areas can not meet the needs of full coverage of criminal defense;secondly,the quality of legal aid is worrying;thirdly,the insufficient guarantee of legal aid funds leads to the low case subsidies;finally,the reasons for the problems are analyzed: firstly,lawyers engaged in criminal defense.The number of criminal defense lawyers is insufficient due to the high risk of protection,low fees and the difficulty of criminal defense.Second,due to the lack of legal aid evaluation mechanism,the imperfection of the on-duty lawyer system,and the uneven level of legal aid lawyers' practice,the quality of legal aid is worrying.Third,the lack of legal aid funds is mainly due to the fact that the state has not really realized that legal aid belongs to the responsibility of the state.At the same time,the unreasonable allocation of legal aid funds and the single source in practice aggravate the shortage of criminal legal aid funds.Finally,due to the narrow scope of legal aid and the low proportion of legal aid applications in practice,the proportion of legal aid is too low.The third part puts forward the idea of perfecting the full coverage of lawyers' defense in criminal cases.The reform measures are mainly divided into five aspects: first,redefine the standard of economic difficulties,establish the standard of economic difficulties bottom line,and change the qualification examination of economic difficulties from "certification system" to "declaration system".The second is to expand the scope of legal aid and provide lawyer's defense services for defendants who may be sentenced to more than three years' imprisonment by applying summary procedure.Thirdly,we should increase the funds for legal aid,relymainly on the government's financial input,and introduce social funds as an important supplement.Fourthly,we should innovate the mode of legal aid.Including: First,explore the establishment of community counsel system,in areas with insufficient lawyer resources to establish public counsel office.Secondly,the government should try to purchase legal aid model,and in the selection of the acceptance subject,it is suggested that the public bidding should be the main method;in order to ensure the quality of legal aid,the judicial administrative department should establish a quality evaluation mechanism with the legal aid center as the main body,peer review as the supplement,and the recipient as the supplement.Fifth,improve the quality of legal aid.Including: establishing the legal aid defense level access mechanism,assigning different lawyers according to the nature of the case;giving duty lawyers the right to read papers,laying the foundation for providing effective legal assistance;improving the legal aid case subsidy standards,thereby improving the enthusiasm of lawyers.