The Research For Effective Defense In The Background Withfull Range

It’s a basic human right for the accused could be defensive,however,there has a low defense rate and non-conformity quality in our country.In the guide idea of strengthen judicial guarantee of human rights,we worked out a system of on duty for lawyers and measures for a full range of effective defense,which has solved the problem for low defense rate.Along with a higher pursuit for life,human attach more importance to quality of lawyers’ defense.In order to solve the problem,the paper has a systematic study for the effective defense rules and gave a comprehensive solution.Part one for the introduction.This paper mainly introduces the background of the thesis,the current situation of effective defense research at home and abroad,then research value and the innovation of the thesis.Part two for a basic theory.According to the concept of effective defense,this section summarize five theories: the consequence theory,process theory,right theory,the theory of lawyers’ obligation and state’s obligation theory.Based on the different theories,the paper hold on the standpoints that the body of effective defense including the accused,defensive lawyers and judicial organs.The effective defensive system has five features,ethics,procedure,promptness,miscibility and state payment.For more,this section divided the doctrinal basis into traditional theory and innovative development ideas.The traditional theory included the guarantee of human rights and procedural justice theory.For the innovative ideas,the article brings commercial theory,the difference principle and state responsibility into a new theoretical direction.Then,the paper studied two institutions,the reverse proof and positive indication.Part three for a defensive system exploring in our country.From the rules,the accused realized their rights from lawyers’ help,the lawyers’ practice rights have an effective protection,the control mechanism for effective defense also has established.Whereas,the deficiency still remain.The paper pointed out three problems,the absence of defensive rights for the accused,the slack for lawyers,the defensive criterion is non-exit.Part four for the establishment of defensive system.Aiming at the problem for effective defensive system,the paper discussed four points,including the correction of concept,the evaluation system with a standard,the punishment for invalid defense,relief mechanism and the protection for basic rights.Firstly,it’s required to discard prejudice and pay attention to the accused defensive rights from the idea.Secondly,the criterion forevaluation system should be rebuilt from positive guide and negative punishment.The burden of persuasion for invalid defense should be treated differently.When the accused has no defense,only the lawyers’ defective behavior and judicial organs’ relevant behavior to be proved.The accused undertook an adverse effect with an inversion of burden for proof.