Analysis On The Construction Of Ineffective Defense System Of Death Penalty Cases In China

Looking at the unjust and false cases in the death penalty cases in China in recent years,it is not difficult to find out:under the circumstances of the imbalance and even the absence of defense,the criminal accused often becomes the victim of the accusation.China’s defense system for death penalty cases has many deficiencies in the protection and relief of the accused’s right to defense,as well as the legal regulation of defense lawyers.Faced with the current situation of low defense rate and imbalance between prosecution and trial,the effectiveness of the defense of death penalty cases is particularly worrying.Although the ineffective defense system has the meaning of "import",but the advanced nature of the system and the litigation value of its existence is really worthy of our country’s death penalty cases for reference.By summarizing and analyzing the basic problems and theoretical basis of ineffective defense system in death penalty cases,this paper makes clear the purpose and importance of defense in death penalty case and introduces the background of the introduction and development of ineffective defense,summarizes the standard of ineffective defense system for death penalty cases on the basis of foreign ineffective defense standards,and takes the concept of human rights protection,the principle of due process and legal rights as the value support of the system.Based on the current situation of the defense of death penalty cases in China,the practical problems existing in the defense of lawyers and the long-term factors affecting the trial of death penalty cases,the necessity of introducing ineffective defense system in death penalty cases in China is analyzed,and the construction path is discussed.Having the right should have the relief,this legal principle is the article’s research foothold.The death penalty has its cruelty and irreversibility.Since the law endow the right of defense to the person being pursued to death penalty,it should ensure that the right of defense can be fully and effectively realized.Although China has designated defense system and legal aid mechanism,and implements compulsory defense in death penalty cases to ensure the coverage of death penalty case defense,it ignores or even ignores the effectiveness of death penalty case defense,and ineffective defense system is exactly the remedy procedure for this defect.In the chapter of the construction of invalid defense system of death penalty cases in China,this paper clarifies the basic elements of invalid defense system,especially the issue of burden of proof.Proposed structuring the framework of the death penalty cases ineffective defense system in our country,and in particular the death penalty review procedure and the trial supervision procedures of the two special issues,let the ineffective defense system run throughout the trial procedure of death penalty case,ensuring the accused can get reasonable and fair relief at any time,to achieve a fair trial of death penalty cases.