The Realization Of Lawyers' Effective Defense In The Trial Stage

The trial stage is the most critical stage to protect the rights of the defendant.As an extension of the right to defense,defense by lawyers is an important way to protect the rights of the defendant.With the deepening of the criminal litigation system reform of "trial-centered",more and more attention has been paid to the trial stage.It becomes more and more urgent for defendants to obtain effective defense from lawyers in the trial stage.This paper discusses the effective defense of lawyers at the trial stage.It emphasizes that while a defendant gets a lawyer to defend himself,the lawyer make sure that he would do his duty.The positive significance of the lawyer's defense should make clear in the course of the defense.However,in practice,because the lawyers' own capacity and right guarantee limit the promotion of effective defense,it is difficult to guarantee the quality of defense even if the defendant gets the defense from the lawyer.Therefore,to ensure the realization of effective defense of lawyers in the trial stage,the most important thing is to improve the quality of lawyers' defense.This paper explores the realization path of effective defense by lawyers in the trial stage,based on the analysis of domestic status and the comparison of foreign systems.It is hoped that lawyers will pay more attention to the quality of defense so as to fully protect the rights of defendants.This paper will cause lawyers to attach importance to the quality of defense,so as to fully protect the rights of the accused.In addition to the introduction and conclusion,this paper is mainly divided into the following parts:The first part has discussed the basic concept of effective defense.By clarifying the concept of effective defense,it clarifies the characteristics of effective defense at the trial stage,and analyzes the important value of effective defense at the trial stage.In the second part,through the elaboration of the legislation and the analysis of the cases in the judicial practice,the author finds out the important reasons that hinder the realization of the effective defense of lawyers: the outdated concept of judicial personnel,the formalistic court defense,the limited rights of lawyers' defense and the low quality of criminal defense.The third part is an investigation of the effective defense system outside China.It mainly introduces the relevant systems and professional culture of lawyers in four typical countries in the two legal systems,and the author draws some enlightenment from the realization of effective defense of lawyers in China.The fourth part is to explore the path to realize the effective defense of lawyers in the trial stage.In view of the existing obstacles,this paper puts forward some countermeasures to protect the right of defense and improve the quality of defense,so as to promote the realization of effective defense.