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Research On Full Coverage Of Lawyers Defense In Criminal Cases

Posted on:2020-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z RenFull Text:PDF
GTID:2416330578960173Subject:Law
Abstract/Summary:PDF Full Text Request
The full coverage of lawyers' defense in criminal cases refers to the case where the defendants who are tried in the first and second instance of the ordinary procedure and the trials in the trial supervision procedure should have the defense lawyers except the case that they should be defended by legal aid according to the provisions of the Criminal Procedure Law.Defend,for cases of summary procedure or the criminal speedy procedure,the defendant should receive legal assistance from the duty solicitors.As one of the important measures of the new round of judicial reform,the full coverage of lawyers' defense is the practical step to promote the development of criminal legal aid system.It is an innovative way to realize the defense of criminal defendant lawyers,demonstrates the socialist rule of law on human rights protection and judicial justice.However,while affirming the positive significance of lawyers' full coverage of the rule of law in China,it should also be soberly aware that there are many problems in promoting the full coverage of lawyers' defense.Not only is there a shortage of criminal legal aid funds,unreasonable distribution,and a single mode of assistance,but there are also challenges in improving the quality of aid services.Based on the difficulties and challenges faced by the full coverage of lawyers' defense,exploring the path of implementing the full coverage of lawyers' defense has become an urgent need of current judicial practice.By analyzing the new situation of full coverage of lawyers' defense,combined with the actual situation of criminal legal aid in China,the path of full coverage of lawyers' defense is explored.First,it is necessary to establish supporting measures for multi-level funding guarantee mechanism.By continuously increasing the financial investment in legal aid funds,rationally allocating legal aid costs,and establishing a criminal legal aid fund to solve the problem of insufficient funding and unreasonable distribution of criminal legal aid.Secondly,it should develop a new type of model about legal aid service.Increase the number of criminal legal aid lawyers and mobilize the enthusiasm of lawyers to participate in criminal legal aid by establishing and improving the model about public defenders and the model about government procurement assistance service.Finally,it is necessary to establish a mechanism to effectively improve the quality of criminal legal aid defense.Effectively improve the quality and effectiveness of criminal legal aid by establishing lawyers to handle the criminal legal aid case access mechanism and establishing a quality supervision and evaluation mechanism for criminal legal aid cases.
Keywords/Search Tags:criminal defense, the full coverage, legal assistance
PDF Full Text Request
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