The Establishment Of Effective Defense Of Counsel System In Death Penalty Cases In China

Among the lawyers' defense assistance in all criminal cases,the death penalty case defense involves the most important life rights of the person and is one of the core rights protection powers of the criminal suspect and the defendant.However,with the development of new media,the wrongful cases concerning death penalty cases are clear.The defendants in many cases have entrusted defense lawyers,but they have no doubt about the substantial significance of the substantive results of the case..The frequent occurrence of wrong cases has exposed many of the previous judicial issues,but whether the right to appeal as the first human right has been guaranteed in the defense of lawyers is also thought-provoking.In recent years,more and more scholars have paid attention to the effective defense system for the construction of death penalty cases.They believe that the law has the right,and the law without the right to appeal is like the same paper.From "having a lawyer's defense" to the ability of lawyers to exercise"effective defense" has become one of the most pressing issues under judicial reform.The state should give defense lawyers a better professional code,a substantive defense right,to ensure that the death penalty case is equal and fully confronted,to achieve the appropriate guilt of the prosecuted,and to prevent the occurrence of false and wrongful cases.In reality,the right to defense has not been fully and effectively exerted.This is a problem that needs to be solved urgently to protect the basic rights of criminal suspects and defendants.Therefore,the author discusses the five parts of the effective defense system for lawyers in death penalty cases.The first chapter introduces the research progress of the effective defense system and the effective defense of death penalty cases in China,and introduces the research direction of scholars.The second chapter is an overview of the effective defense of death penalty cases.Different scholars have different opinions and interpret the concept of "effective defense" from various angles.Therefore,the author believes that there should be an official definition to consolidate the institutional basis of effective defense;and the effective defense of death penalty cases should specifically cover the quality of defense criteria and remedies within the scope of application of death penalty cases.The third chapter is the practical dilemma of effective defense of death penalty cases.The author divides it into the judicial system,the lawyer itself and related systems and the social environment.The provisions of laws and judicial interpretation may have a binding effect on the effective defense of lawyers,so that lawyers lack occupational safety and security;some regulations also indirectly hinder the lawyer's right to investigate and collect evidence,and the system of witnesses appearing in court is not perfect;the trial of conviction and sentence is one.The system can no longer fully adapt to the progress of judicial justice;the defense standards and professional literacy of our defense lawyers are uneven,and there is no criminal procedure to regulate the invalid defense of the entrusted lawyers.There is only private law-the "Contract Law",through lawyers and The entrustment agreement signed by the parties to constrain the defense quality and behavior of the attorneys is relatively small,and the industry norms have not played a major role.With the development of network technology,people have a wide range of information and real-time information.Violent crimes are easy to cause public anger,and citizens' prejudice against criminal defense lawyers is still deeply ingrained.The fourth chapter is the reference for the effective defense of extraterritorial death penalty cases.The effective defense and invalid defense of the United States is the most typical.The reference of other civil law countries is more applicable.Through the introduction of the system development and content,it is expected to continue to improve through the path of predecessors,and take root in China after adapting to local conditions.The fifth chapter sets a sound path for the effective defense system for death penalty cases.The entry threshold for lawyers' qualifications in death penalty cases should be set up specifically,and the review criteria for invalid defense should be established;and the case of legal aid lawyers for each death penalty case should be handled.The expenses are paid according to the intensity of work;in the case of witnesses appearing in court,the prosecution witnesses fail to appear in court without proper reasons.Their written testimony cannot be used as the basis for the death penalty case.This not only puts pressure on the witness's appearance in court,but also imposes the death penalty.The defendant has a multi-layered guarantee mechanism;it should establish a separate trial procedure for setting crimes and sentencing,solve the dilemma of lawyers' innocence defense and guilty defense in defense strategy,and provide conditions for effective defense from the procedural.