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On The Effective Exercise Of Lawyer's Right Of Defense In The Trial Stage

Posted on:2021-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:X X LiFull Text:PDF
GTID:2416330602977136Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The right of defense is the most basic right enjoyed by the accused.As a legal extension of the right of defense enjoyed by the accused,the right of lawyer's defense plays an irreplaceable role in China's criminal procedure law.Although in recent years,the reform of the judicial system in our country has effectively guaranteed the exercise of the right of lawyer's defense,the problem of the effective exercise of the right of lawyer's defense is more and more serious,especially the effective exercise of the right of lawyer's defense in the trial stage.Recently,the hot cases that have aroused fierce social controversy on the Internet,such as the case of the house demolition head Mingjing state,the case of Hangzhou nanny arson,and the case of Zhang buckle for revenge for mother,etc.,have shown that the lawyer's right of defense is difficult to be effectively exercised in the trial stage."In a country of true democracy,freedom and the rule of law,the person who defends the criminal can be treated in a normal way,not in a disrespectful way,and in an unjust way." As a democratic,free and rule of law country,China should give full respect and legal guarantee to the lawyers who provide defense for the suspects and defendants,so that not only the exercise of their right to defense is guaranteed,but also these guarantee systems are not only mere formality,but also rise to effective performance on the basis of ensuring the exercise of their right to defense So as to achieve the purpose of defense lawyers participating in defense activities.This paper analyzes the basic overview of the effective exercise of lawyers' right to defense in the trial stage,and feedbacks back the problems existing in the effective exercise of lawyers'right to defense in the trial stage of our country from the current hot dispute cases as the starting point,and then analyzes the reasons why the lawyers' right to defense cannot be effectively exercised in the trial stage of our country,and finally solves the effective exercise of lawyers' right to defense in the trial stage of our country The author hopes that in the judicial practice of our country,we should not only pay attention to the protection of the lawyer's right to defense,but also pay attention to the effective exercise of the lawyer's right to defense in the trial stage.
Keywords/Search Tags:trial stage, lawyer's right of defense, effective exercise, quality of defense
PDF Full Text Request
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