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Research On Criminal Legal Aid System Under The Background Of "Full Coverage Of Criminal Defense"

Posted on:2019-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ZhengFull Text:PDF
GTID:2416330596459795Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Within a criminal justice system,criminal legal aid is of great significance topromote judicial justice and protect human rights.In recent years,with the promotion of anew round of judicial system reform,around the improvement of criminal legal aid in the "Regulations on Legal Aid" and the revision of the "Criminal Procedure Law" in 2012,"Opinions on Perfecting Legal Aid System","Opinions on Developing Legal Aid DutyLawyers" and "Lawyers in Criminal Cases" Documents such as "Measures for the pilot workof full coverage of defense" have been published one after another,and positive results havebeen achieved in the further improvement of the criminal legal aid system."Full coverage of criminal defense" conforms to the requirements of "minimumprotection" generally accepted by modern worlds.It also is the requirement of therealization of fairness and justice,and is the basis for the realization of equal confrontationbetween prosecution and defense in the reform of criminal procedure system with trial asthe center.At the same time,"full coverage of criminal defense" is the basis of Chinesecriminal law.Aid in the resources of lawyers,financial support,the quality of defense,thelinks and cooperation of various departments put forward higher requirements.However,Chinese criminal legal aid has long been constrained by the professional ability andprofessional environment of lawyers,and the quality of defense has not been improvedwith the improvement of the criminal legal aid system;the Criminal Procedure Law of 2012 has improved the criminal legal aid,so that the application of criminal legal aid has beenextended to the pre-trial stage,but not because of the lack of it.The establishment of apractical remedy mechanism has led to the failure of legal aid in the pre-trial stage toachieve the desired results;at the same time,the shortage of funds,the single source ofexpenditure and unreasonable distribution of expenditure,as well as the imbalance oflawyer resources in different parts of the country also restrict the development of criminallegal aid.Based on the new requirement of criminal legal aid proposed by "full coverage ofcriminal defense" and the analysis of relevant empirical data under the background of "fullcoverage of criminal defense",this paper puts forward that the realization of "full coverageof criminal defense" needs diversification through the analysis of the existing problems ofcriminal legal aid and the beneficial reference of overseas experience.The way to perfectthe criminal legal aid system in China is to formulate corresponding procedural sanctionsfor the violation of the pre-trial procedure and to consider the procedure for determiningthe violation of the procedural law in the discussion of the reform of the pre-trial procedure.In view of the imbalance in the number of lawyers in different parts of China,the source offunds for criminal legal aid should be broadened through the introduction of litigationinsurance and the sharing of costs among the recipients on the basis of increasing the statefinancial input.Because of the low quality of protection,it is necessary to construct adiversified mode of providing criminal legal aid in our country and establish a quality supervision system of criminal legal aid.Different from the post-evaluation system of thepilot projects in various places,we should construct an evaluation system withpre-admission mechanism,in-event party evaluation and supervisor system,andpost-event files as the main materials.The system is composed of quality evaluation systemand scientific application results.At the same time,this paper briefly analyzes the problemsexisting in the "Measures for Developing the Trial Work of the Complete Coverage ofDefense for Lawyers in Criminal Cases",and puts forward some reform proposals for the "Complete Coverage of Criminal Defense".
Keywords/Search Tags:criminal legal aid, Full coverage of Defense, Public defender, Contract system
PDF Full Text Request
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