The Problems Of Effective Defence In Criminal Proceeding

In recent years,with the gradual acceleration of the process of legalization in our country,the criminal defense system is becoming more and more perfect,and the requirements for criminal defense are getting higher and higher.It is more and more expected in the field of law that criminal defense can play a role in protecting the right of defense of the accused in essence,that is,to establish an effective defense in the defense system.However,because the judicial concept of our country is still in the "emphasis on entity over procedure","heavy blow and light protection",the relevant system of effective defense has not been established in legislation,as well as the trial is a mere formality.Therefore,the realization of effective defense is faced with the difficulties of the exercise of defense right,the falsification and weakening of defense function,and the poor defense environment.On the other hand,it is effective.Defense,as a universal judicial concept,is applicable not only in the Anglo-American law system of adversarial system,but also in the civil law system of authoritarianism,with different emphasis.In addition,the corresponding proceedings should be taken in criminal proceedings to ensure the full realization of defense rights,such as the entry of effective defense principles,the importance of cross-examination rights and investigation and evidence collection rights,and the legal responsibility of lawyers,and so on.Our country should draw lessons from the experience and lessons of foreign development,clarify the connotation of effective defense and how to develop in our country,so as to find the way to realize effective defense in our country.Nowadays,the reform of trial center is in full swing,which provides for the development of effective defense in our country.There was a great opportunity.This paper focuses on the difficulties faced by the realization of effective defense in criminal proceedings in our country,and focuses on the analysis of its causes,and puts forward the corresponding improvement measures on the basis of drawing lessons from the experience of foreign countries.This paper will be discussed from five parts:The first part mainly discusses the basic theory of effective defense.This paper first introduces the connotation,concept discrimination and measurement standard of effective defense,clarifies what is effective defense,then discusses the historical evolution of effective defense,and understands the background of the concept and how it develops in our country.The second part uses the empirical research method to analyze the difficulties faced by the realization of effective defense at present.First of all,the criminal defense lawyer in the exercise of the right to investigate and obtain evidence,the right to pledge and put forward defense opinions blocked;secondly,the criminal defense function in the defense rate is low and the defense quality is not high show the phenomenon of false and weakening of the defense function;Finally,it introduces the poor practice environment of criminal defense counsel,which shows that the income is low and the risk is high.The third part is the analysis of the reasons that hinder the realization of effective defense.Many obstacles to the realization of effective defense are mainly due to the deep-rooted traditional litigation concept,the lack of legislation,the formalization of trial and the imperfect legal provisions related to criminal defense.The fourth part,by using the method of comparative study,investigates the international provisions on effective defense and the efforts made by common law system and civil law system to realize effective defense,and compares them,and finds out the experience and lessons of realizing effective defense.What should be used for reference in our country?The fifth part explores the path to achieve effective defense.For the difficulties faced by the realization of effective defense,it is necessary to improve the judicial concept,legislative provisions,judicial system and relevant legal provisions of criminal defense.