Research On Effective Defense Of Criminal In China

The effective defense is the main means to secure defense in criminal cases and is also the guarantee of defense right.The 2012 amendment to The Criminal Procedure Law further strengthen the defense system,give more guarantee to exercise defense right and endow attorneys more rights in criminal proceedings.Therefore,the effective lawyer's defense system has been gradually improved.The another amendment in 2018 stipulates the duty counsel system which can protect the rights of the prosecuted involved in criminal cases and then secure defense system.The thesis mainly illustrates the Chinese status quo of the effective defense system especially of the investigating stage and death penalty.The 2012 amendment to The Criminal Procedure Law stipulates that lawyers can intervene in criminal proceedings as defenders at the investigation stage.This stage where defensive activities play a guiding role in following defensions is essential to effective defense system.The death penalty cases,namely the deprivation of right to live,also have higher requirements for effective defense system.Our criminal defense is plagued by many issues such as scarce participation of counsels,their unsatisfactory defense,their different professions and insufficient protection of their relevant rights.Those phenomena cramp effective defense system.To tackle those problems,the effective defense system in line with our own realities should be boosted.We should endeavor to motivate attorneys to participate in criminal defense,to establish strict attorney access systems and to strengthen profession of attorneys and their relevant rights.In particular as for the duty counsel system,the paper envisions that higher requirements and the full coverage of duty counsels in detention center and people's court can be realized in subsequent reforms.The duty counsels can be given more initiative rights to meet for securing legal rights of suspects and defendants,those counsels can be endowed with confirmation duty so that they can confirm whether the investigating and procuratorial organs inform suspects and defendants of their rights.