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Research On The Full Coverage Of Lawyer's Defense In Criminal Cases

Posted on:2020-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y N WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The right to defense is a basic right enjoyed by citizens,as a supplement to the right to defense,the right to obtain lawyer's defense is a right related to the basic rights of citizens.Obtaining lawyer's defense is of great significance to safeguarding the legitimate rights and interests of the prosecuted and maintaining justice,it has become a yardstick for measuring the level of rule of law among various countries.At present,the rate of lawyer's defense in criminal cases in China is low,a considerable proportion of the defendant's right to obtain lawyer's defense did not received the protection it deserved,their legitimate rights and interests are often in danger.Facing to such a dilemma,"Full coverage of lawyer's defense in criminal cases" has been raised as a new goal of China's criminal justice system reform,this is not only a major step forward in the construction of a society rule of law in our country,but also highlights our country's determination to respect and protect human rights.But at the same time,we should also be aware of that the proposal of "Full coverage of lawyer's defense in criminal cases"bringing new developing opportunities for China's criminal defense system,meanwhile new requirements and challenges have also been raised.Lawyer's defense how to cover all the prosecuted?How to ensure that lawyer's defense can be effective in criminal proceedings without being in a form?This is the subject we have to study.This paper analyzed the background and the theoretical values of the goal "Full coverage of lawyer's defense in criminal cases",according to the current situation of lawyer's defense in criminal cases in China and the deep reasons behind this phenomenon,by analyzing and summarizing the problems found in the process of "Full coverage pilot" and combining with the new changes about the criminal defense system and human rights protection brought by the 2018 Criminal Procedure Law,trying to propose a rationalized path to ensure the realization of the goal "Full coverage of lawyer's defense in criminal cases".In addition to the introduction,the body consists of five parts.The first part of the paper mainly discusses the background of "Full coverage of lawyer's defense in criminal cases",points out that the goal is not only a favorable measure for promoting the substantive of the trial and conforming to the international trend,but also the inevitable result of the development of criminal legal aid to a certain stage.The second part mainly explains the theoretical values of guaranteeing the defendant's right to obtain the lawyer's defense,taking the basic values such as presumption of innocence,equality of prosecution and defense,and human rights protection as the starting point,and pointed out that guaranteeing the defendant's right to obtain the lawyer's defense is in line with the goal pursued by criminal proceedings in China.In the third part,the writer tries to examine the status quo of lawyer's defense in criminal cases in China,and clearly points out that the lawyer's defense ratio is not high and the defense effect is not good,which is the two major ills that plague the developing of China's criminal defense system.The fourth part mainly analyzes the practice of criminal defense lawy ers;criminal legal aid legislation and judicial practice;criminal defense quality supervision and other dimensions analyze the obstacles that may or have been encountered in the process of advancing the full coverage of criminal lawyers' defense,and deeply analyze these obstacles.In order to prevent defense from evolving into a "formal defense",to achieve the goal "Full coverage of lawyer's effective defense in criminal cases".The fifth part of the paper focuses on the problems found in practice,and proposes to promote the diversification of criminal defense supply,strengthen criminal legal aid legislation,enrich the criminal legal aid judicial practice,construct criminal defense access and quality supervision mechanism,and ensure that full coverage of criminal case lawyers'effective defense will achieve in the future.The Conclusion part reiterates the importance of guaranteeing the defendant's right to obtain the lawyer's defense.At the same time,the author expressed his firm confidence in the construction of socialist rule of law society in China.
Keywords/Search Tags:criminal defense, state responsibility, basic rights, duty lawyer system, legal aid
PDF Full Text Request
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