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Research On The Effective Assistance Of Counsel During The Procedure For Judicial Review Of Death Sentences

Posted on:2020-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:J M ZhaoFull Text:PDF
GTID:2416330575966802Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Over the years,false and wrong cases were occasionally happen in our country.Such situation was gradually changed with the continuous deepening of judicial reform,improvement of laws and regulations,and progress in criminal investigation means.In particular,the Party Central Committee has attached great importance to correcting false and wrong cases,which greatly increased the credibility of the judiciary.Although more and more false and wrong cases have been rehabilitated and justice has been returned to the victims and their families,innocent people had been sentenced to the death penalty and the dead in false and wrongful cases cannot be revived.To avoid wrong killing and implement the policy of "small killing and cautious killing",China has created the death penalty review procedure.In this procedure,how to effectively protect the legitimate rights and interests of the accused and to prevent innocent people from being treated unfairly have become a wide and concerned topic.How to effectively play the defense role of lawyers is an issue that can never be separated from the death penalty review process.As an effective weapon to defend rights,the law has a strong professionalism,and the general public cannot use it freely.Therefore,it is necessary to use a lawyer with strong professionalism,solid theoretical foundation and rich experience in handling cases as a defendant of the defendant to effectively defend him.However,the particularity of the death penalty review procedure determines that under this procedure,the intention to achieve an effective defense cannot be achieved overnight.It requires the joint efforts of all parties: the legislature needs to constantly improve the legislation and protect the effective defense of the defense at the institutional level;The judiciary needs fair justice.In the process of trial,the defendant's vital interests are fully considered and the professional rights of the defense lawyers are safeguarded;The law enforcement agencies need to cooperate closely and cooperate with the judicial organs and defense lawyers to carry out related works on the premise of safeguarding the public interest of the state and society.Based on that,this article takes the effective defense of lawyers in the Supreme People's Court's death penalty review procedure,and produces a series of problems as the research object,aiming at summarizing the improvement and improvement measures through investigation and comparison,combined with the current judicial practice.In addition to the introduction and conclusion,the text is divided into four parts:The first part,first of all,introduced the connotation of an effective defense system.In American,it can be understood as the way in which the Federal Supreme Court interprets constitutional amendments to clarify what is effective in defense.In the United Kingdom,a sound legal aid system has been established by the state to promote the effective implementation of the defense.In addition,both the United Kingdom and the United States used an invalid defense system to guarantee the effectiveness of the defense.In Germany,it can be understood that through the established a mandatory defense system and strict sanctions,the lawyer's defense is fully effective.In Russia,through a rich and diverse approach to defense,the defense is effective.In France,it can be understood to improve the designated defense system and thus ensure the effectiveness of the defense.In our country,we can understand that by perfecting the legal system of defense,attaching importance to the defense opinions,and giving full play to the function of the legal aid system;at the same time,the lawyers can fulfill their legitimate rights and interests in the process of handling the case and maintain the effective rights of the defense.Secondly,it introduced the legal provisions of the "Procedural Law Interpretation","Criminal Procedure Law","Lawyer Law" and other domestic security lawyers to achieve effective defense in the death penalty review process.as well as the "International Covenant on Civil and Political Rights" promulgated by the United Nations."Safeguards for the Protection of the Rights of Persons Committed to Death Penalty ",etc.,to protect the lawful rights and interests of defendants in death penalty cases.The second part mainly discussed the value of lawyers in achieving effective defense in the death penalty review process.Among them,from the theoretical point of view,it expounded that the role of defense was the fundamental value of the theoretical value of human rights protection in the death penalty review procedure and the constitutional value in due process;from the perspective of practice,the effective defense of lawyers in the death penalty review procedure was to reduce the death penalty.The unified sentencing standards and the inevitable requirements for preventing false and wrong cases have been profoundly discussed the practical value of effective defense.The third part revealed the obstacles in the process of reviewing the right to defense of lawyers in the current review process of death penalty,including: the insufficiently adopted defense opinions lead to the lawyer's inability to participate effectively,and the lack of lawyers' professional rights guarantees the defense lawyers to meet and scrutinize.The right to investigate and collect evidence was restricted,the written review had drawbacks,the lawyer can not get the results of the review in time,and so on.The fourth part,in view of the problems raised in the previous article,proposed measures such as the judges should reasonably listen to and adopt the defense opinions,guarantee the lawyer's practice right,improve the system design of the death penalty review procedure,and adopt effective methods to inform the lawyers of the review results in a timely manner.The positive impact of relevant measures on ensuring the effective defense of lawyers in the death penalty review process.In short,the death penalty review process is a process full of Chinese wisdom.To improve the lawyer's right of defense in the death penalty review process,we need to learn from the successful experiences of other countries,take the best of it,go to its dregs,and internalize the successful experience of adapting to China's national conditions into our country's programming,so as to truly achieve punishment and protection.The ultimate goal of human rights.
Keywords/Search Tags:death penalty review procedure, defense lawyer, effective defense
PDF Full Text Request
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