A Study On The Defense Conflicts Between The Defendant And The Attorney

In the practice of criminal defense in China,the attorney and the prosecuted often have different defense position and strategies.In theory,this inconsistency is usually called a defense conflict.In practice,the frequent appearance of the opposite conflict opinions between the prosecuted and the attorney has attracted the attention of many scholars and lawyers on the defense conflict between the prosecuted and the attorney,and triggered extensive discussions.Defense conflict is not only a practical problem,but also a significant theoretical problem.However,this significant problem has not been well solved either in theory or in practice.With the case of Cui 's killing of urban management officer as the entry point,this paper studies and analyzes the defense conflict between the prosecuted and the attorney,clarifies the causes of the dispute and the judicial dilemma resulting from it,evaluates and analyzes the foreign defense conflict resolution mechanism,and finally proposes corresponding system improvement suggestions based on the actual situation in China combined with inspiration from foreign countries.In addition to the introduction and conclusion,the paper is divided into five chapters:Chapter ?,case introduction and dispute,mainly introduces the basic situation of the case of Cui 's killing of urban management officer,and summarizes and sorts out the controversial focus of this case in combination with the case.Chapter ? elaborates the legal analysis involved in the dispute focus of this case.This part mainly discusses the basic theory of the conflict between the prosecuted and the attorney combined with the case of this paper.It mainly includes three sections: Section I defines the meaning of defense conflict.Section II outlines the types of manifestation of defense conflicts.Section III analyzes the characteristics of defense conflicts.Chapter ? analyzes the theoretical problem involved in the defense conflict caused by this case.This chapter mainly explains the causes of defense conflicts and the dilemma resulting from them,and further explains the necessity to resolve defense conflicts.Chapter ? analyzes and comparison of foreign legislation on defense conflict and its enlightenment to China.This chapter mainly contains four sections: Section I introduces the relevant legislation of Germany and Japan to resolve defense conflict.The civil law countries adopt the independent defense mode,during which,the attorney's defense activities are not affected by the will of the prosecuted.Section II introduces relevant legislation of United States and the United Kingdom to resolve defense conflict in.The common law countries usually adopt the defendant-dominance-mode,during which,the attorney's primary task is to obey the will of the prosecuted.Section III evaluates and analyzes the foreign defense conflict legislation,focusing on the formation mechanism of the two defense theories and their respective advantages and disadvantages.Section IV elaborates the inspiration of foreign defense theory legislation to China.Chapter ? puts forward some suggestions on the on the legislative solution of the conflict of defense in our country.This section contains the following three sections: Section I establishes the specific principles of defense conflict resolution mechanism,and specifies that China should establish the principle of limited independent defense.Section II builds a concrete mechanism for defense conflict resolution.Section III discusses the specific issues in detail and expounds the specific ways to deal with the conflicts between defense position and defense strategy.