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Construction Of Effective Defense System In China

Posted on:2021-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhangFull Text:PDF
GTID:2416330602995713Subject:Law
Abstract/Summary:PDF Full Text Request
Effective defense system is to ensure that everyone has the right to defense on the basis of a higher request for the quality of defense,to achieve an effective defense in criminal cases with a defense system,the goal of judicial reform is to maintain fairness and justice,and the effective defense system clearly guide the direction.China has not yet set up an effective defense system,while western countries,especially the United States,have a relatively complete theoretical system of effective defense and relevant judicial practice experience.Based on the development experience of effective defense system in other countries,this paper discusses the construction of effective defense system in China.The first chapter mainly introduces the effective defense system,including the meaning,characteristics and value of effective defense,as well as the necessity of constructing effective defense system in China.Through carding,learned that the establishment of effective defense is usually based on lawyers involved in the defense,with its due diligence before the court of preparation and excellent court debate as being prosecuted for legitimate rights and interests,usually has "the intervention","fully prepared","fight","up" and "substantial effect".Its value will be reflected through effective defense to ensure the equal confrontation between the prosecution and defense and promote judicial justice.At the same time,based on the nature of the relatively weak nature of the defense,constructing an effective defense system is helpful to promote the balance of the litigation structure.The second chapter,through the understanding of the effective defense of international concepts,examines the effective defense of multi-dimensional provisions such as "forward promotion" and "reverse regulation" by countries outside the region,reflects on their own gaps,and makes reference to advanced ideas and practices outside the region.The third chapter,combining with the judicial practice,analyzes the domestic arguments about whether the effective defense system can be introduced,the restraint of the external judicial environment,and the shortcomings of the internal industry.These difficulties are both obstacles and catalysts for the construction of effective defense system in China.Chapter ? for the difficulties,strengthen the "trial centered" of the reform of the judicial system,perfect the institutional framework,to defend the effective implementation of creating an environment of fairness and justice,second,combiningwith the characteristics of criminal lawsuit defendant,through diverse learning,enhance punishment debate threshold,promotes the mutual mechanism,measures such as spontaneous raise the overall quality of lawyers,thus for our country to build the effective defense system provides the omni-directional safeguard.
Keywords/Search Tags:The right to defend, Effective defence, Dilemma, Ways to improve
PDF Full Text Request
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