Study On Effective Defense

The United States is the first country to launch an effective defense.Defense lawyers should fulfill their defense obligations in accordance with the law,actively defend the accused within the scope of rights granted by the law,and put forward effective defense Suggestions that can help mitigate or even exempt the accused from the crime,so as to finally achieve reasonable expected defense effect.If the lawyer does not seriously perform the defense duty,the result of causing invalid defense is inevitable.In recent years,China has been accelerating the process of rule of law,the criminal defense system has been more and more perfect,and the requirements of criminal defense have also been improved.The legal circle is looking forward to further establishing effective defense in the defense system,and providing necessary support for the full embodiment of the right of defense of the accused.Promulgated in the criminal procedure law of our country,has for the two modifications,in many ways such as law rights,involved in the case of time obtained significant breakthrough,but also should see,in the implementation of the context for the center with trial attorney series of problems still exist,specific to defend defence rate is not high,the quality needs to improve space is still large,lawyer guaranteed effectively,and so on.This paper chooses to explore the effective defense system and its corresponding problems,which is of great practical significance for in-depth reflection on criminal procedure,protection of lawyers' litigation rights,and promotion of substantive trial.At present,there are still many obstacles such as system and philosophy to achieve effective defense in criminal proceedings.Even though China tried to solve these problems when revising the law on lawyers of the People's Republic of China in 2017,the current situation has not been effectively adjusted.The lack of effective criminal defense is related to many reasons,including the low professional quality of criminal defense lawyers,the low status of defense lawyers and the concept of emphasizing substantive justice over procedural justice.With the promulgation of the provisions on protecting lawyers' right to practice in accordance with the law,and the promulgation of the new criminal procedure law amendment in 2012,more procedural protection and defense rights are granted to defense lawyers.The ability of defendants to obtain effective defense depends on whether defense lawyers can make full use of these rights and protections.Therefore,how to enhance the professional quality and professional ethics of defense lawyers has become the key.When the judicial reform in the future,need to further standardize the defense lawyers and the relationship between the accused person,defending lawyer can give full play to the functions to provide effective security,this is respect for human rights,and effectively protect the legitimate rights and interests being prosecuted people need,at the same time can also help to promote our country's criminal suit system reform to obtain significant progress.This paper is divided into five parts,which are summarized as follows:In the first chapter,we elaborated the related theory knowledge.We first expounds and analyzes the connotation and measurement standard of effective defense,then compares and analyzes the invalid defense and effective defense;then,combs and analyzes the historical evolution of effective defense,and analyzes the background of the concept.The last part is about the value of effective defense.This part mainly uses empirical analysis to explain the value of effective defense.In the second chapter,the author analyzes the current situation of the defense system in China,and then analyzes the main problems and causes of effective defense.The author thinks that it is still facing great difficulties to realize effective defense in our country,the main reasons are: the relevant legislation is not perfect,influenced by the traditional concept of litigation,the formalization of court trial is still prominent and so on.In the third chapter,the author analyzes the practical experience of effective defense system in foreign countries.This part mainly analyzes the international regulations on the effective defense system,compares and analyzes the respective practices of virtue and other countries,and at the same time,combines the actual situation of our country to draw lessons and references.In the fourth chapter,the author puts forward the corresponding countermeasures on how to improve the effective defense system in China.The author thinks that in the face of the current problems in the implementation of effective defense system in China,we can find solutions through improving the relevant legislation and improving the quality of defense.