| The right of defense,as a right recognized by all countries in the world,plays an important role in protecting the legitimate rights and interests of the accused.In the west,during the period of feudal autocracy,criminal litigation was constructed as inquisitorial litigation,which was characterized by presumption of guilt.Under the call of "democracy,freedom and human rights",the bourgeoisie overthrew the old system and established a disputable criminal procedure system.The right to defense of the accused became a fundamental principle in the constitutions of capitalist countries at that time.Under this system,the person being prosecuted becomes the main body in the structure of criminal procedure.On the basis of the principle of presumption of innocence and balance between prosecution and defense,the right of defense is granted to the person being prosecuted to protect human rights.Based on the concept of justice pursued in criminal procedure,the respondent enjoys the right to full defense.In criminal proceedings,the respondent can fully exercise the right to defend and defend,to persuade the judge.It can be said that the improvement of the content of the right to defense,to some extent,represents the development of the criminal procedure system.At the same time,the development of the criminal procedure system is characterized from barbarism to civilization.In our country,has a long history of feudal society,as a tool maintenance rule of criminal lawsuit system is also impossible to safeguard the legitimate rights and interests of people being prosecuted,the accused and the victim and witness had become subject of disposal,torture is generally used by past dynasties,legalized torture is obvious characteristics of criminal suit system at that time.In the late qing dynasty,the defense system appeared in China,but it was not implemented.Before the founding of new China,the defense system was not fully established in China.After the founding of the People's Republic of China,the defense system in our country experienced setbacks,from the final establishment to the continuous improvement of nearly forty years.During this period,China's defense system was constantly improved.For example,the defense time of lawyers entrusted as defenders was advanced to the stage of investigation,and the scope of legal assistance was gradually expanded.This shows that while fighting against crimes,China's criminal procedure system is constantly drawing on the experience of developed countries outside the region to improve the defense system and strengthen the protection of human rights.However,in China,the rate of criminal lawyers defense is generally low,and the regional differences are large.In order to cooperate with the reform of the judicial-centered litigation system and realize the goal of "letting the people feel the fairness and justice in every judicial case",China has launched a pilot program covering the defense of lawyers in criminal cases in recent years,and the second pilot program has been expanded to cover the whole country.So,how the pilot effect,how to further improve the full coverage system in the future,how to ensure that the legitimate rights and interests of the accused are protected,is worth in-depth study in the academic community.This is the core of this article.In addition to the introduction and conclusion,the text is divided into the following parts:The first part,the criminal case lawyer defense full coverage system overview.Firstly,the background of the establishment of the full coverage system is introduced.At the fourth plenary session of the 18 th central committee of the communist party of China(CPC),the reform of the judication-centered litigation system was put forward.Secondly,it introduces the basic connotation of the full coverage system."Full coverage" not only literally means that all defendants should have lawyers to defend them,but also that defenders should provide effective defense.Finally,the theoretical support of the full coverage system is introduced.Through the interpretation of the principles of equality in charge and defense,effective defense and presumption of innocence,this paper analyzes the objectives that the all-coverage system pursues--to protect human rights and safeguard judicial justice.The second part analyzes the trial implementation of the full coverage system of lawyer's defense in criminal cases.First,the number of effective criminal cases and the number of practicing lawyers.By comparing the relevant data from 2013 to 2019,the objective environment of implementing the full coverage system is grasped from the whole.By comparing the data of each province,the differences between different regions in China are analyzed.Secondly,a certain number of judgments of the first pilot province are analyzed.Compare the rate of lawyer's defense and counsel's defense opinion adoption rates before and after the trial;To sort out the data of the number of lawyers practicing in the first pilot province,the distribution of law firms in each jurisdiction within the province,and the standard of case subsidy;The data of pilot provinces were compared with that of non-pilot provinces(the second pilot province),and the gap between pilot and non-pilot was analyzed.Finally,based on the data,the author summarizes the problems of the full coverage system after the first pilot implementation,including the shortage of resources for defense lawyers in criminal cases and the poor effectiveness of defense assignment.The third part is the way to perfect the full coverage system of lawyer's defense in criminal cases.Drawing on the experience of major countries outside the region,this paper puts forward the problems concerning the insufficient supply of criminal defense lawyers and the low quality of assigned defense work.First,strengthen the ranks of criminal defense lawyers.Through the establishment of the public defender system,the purchase of legal services by the government,and the increase of financial input,the initiative of lawyers in handling criminal cases was mobilized to solve the problem of "quantity" of the full coverage system.Secondly,by setting up the admittance mechanism of appointed lawyers and establishing the invalid defense system,we can improve the ability of lawyers to undertake criminal cases and solve the problem of "quality" of the all-coverage system.Finally,the duty lawyer is endowed with the same rights as the defense lawyer,and the duty lawyer system is improved. |
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