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Research On The Difficulties And Countermeasures Of Full Coverage Of Defense Lawyers

Posted on:2021-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:K X XingFull Text:PDF
GTID:2416330611471681Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
For a long time,the proportion of lawyers participating in the defense of criminal cases is relatively low,and the protection of human rights and the defense right of the defendant is inadequate.In response to this situation,pilot work will be carried out in eight provinces and cities nationwide,in accordance with the measures on the pilot work of full coverage of lawyer's defense in criminal cases jointly issued by the Supreme People's court and the Ministry of justice on October 9,2017.The full coverage of defense lawyers is essential to protect human rights and avoid the occurrence of unjust,false and wrong cases.It is also the performance of implementing the trial centered reform of the litigation system,and also a key step for the country to build a legal society in an all-round way.Since the establishment of the pilot project,some results have been achieved,but there are also many problems in various aspects.Therefore,starting from the basic theory of full coverage of defense lawyers,this paper discusses some common problems of full coverage of defense lawyers in the first part,including the connotation and value of full coverage of defense lawyers,so as to provide a theoretical basis for the following issues of full coverage of defense lawyers.The second part discusses the rational consideration of the full coverage system of defense lawyers in China,focusing on the realistic consideration,feasibility consideration and institutional consideration of the "full coverage system of defense lawyers in criminal cases".The third part is the difficulties faced by the full coverage of defense lawyers,including the serious shortage of lawyers' resources,inadequate financial support,poor defense quality of criminal legal aid lawyers,low degree of specialization of criminal defense lawyers,lack of trust in designated defense lawyers by the defendants and their families.The last part is the suggestions for improving the full coverage of defense lawyers.It is both opportunities and challenges to fully implement the full coverage of defense lawyers.It is not only necessary to realize the full coverage of defense lawyers in form,but also in essence,to truly realize effective defense and promote judicial justice.Specifically speaking,it includes increasing the investment of lawyer resources,expanding the sources of legal aid funds,strengthening the quality of legal aid defense,establishing the level access system of defense lawyers,strengthening lawyers' engagement in public legal services,safeguarding lawyers' rights,improving lawyers' defense quality and enthusiasm,and improving the full coverage system of defense lawyers to improve the full coverage of defense lawyers The level of defense,the realization of effective defense,promote the development of full coverage of defense lawyers in China.
Keywords/Search Tags:full defense coverage, attorney's rights, effective defense, legal aid
PDF Full Text Request
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