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Criminal Case Lawyers' Full Coverage Improved Path Of Operation

Posted on:2021-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:X X JiFull Text:PDF
GTID:2416330620463138Subject:Law
Abstract/Summary:PDF Full Text Request
The essence of the right of defense is the concrete application of the principle of human rights protection in China's criminal proceedings.During the criminal proceedings,the defense provided by the lawyer plays an important role in protecting the parties' legitimate rights and interests.However,in our country,criminal defense has the dual characteristics of low lawyer defense rate and low legal aid defense rate.Against this background,on October 11,2017,the Supreme People's Court and the Ministry of Justice issued the "Measures on the Pilot Work on the Full Coverage of Lawyers' Defense in Criminal Cases",and decided to carry out the pilot work in some provinces and cities,and then promote the pilot to the whole country.Provinces(autonomous regions and municipalities)and Xinjiang Production and Construction Corps.The purpose is to improve the legal aid defense rate in China's criminal cases through this system and safeguard our judicial justice.This article focuses on the practical investigation and analysis of the full coverage of criminal case lawyer defense in a district of Taiyuan City,and analyzes the problems in the implementation of the system,and proposes countermeasures.In addition to the introduction and conclusion,this article is divided into four parts.The first part mainly discusses the background of the full coverage of lawyer defense in criminal cases.It points out the outstanding problems in legal aid for criminal cases in our country,and puts forward the huge problems and challenges faced in promoting the full coverage of criminal lawyers in China.The second part discusses the operation of the full coverage of lawyers' defense in criminal cases,focusing on the investigation results of the full coverage of lawyers' defense in criminal cases in a district of Taiyuan City.By comparing the legal aid rates of a certain district in 2018 and 2019,it is investigated whether the legal aid defence rate of criminal cases has beenimproved when the full coverage of criminal case lawyer defense is implemented in the pilot area;and 30 cases of legal aid cases in a certain district were investigated for legal assistance The quality of aid defense;at the same time,research on legal aid funding and subsidies for aid lawyers.The third part discusses the problems in the practical process of the full coverage of lawyers' defense in criminal cases.The author analyzes the outstanding problems of the system based on the data obtained by the author in practice research,focusing on the shortcomings of the legal aid system,the shortage of legal aid funds,the poor practice environment of lawyers,and insufficient staffing of lawyers.The fourth part focuses on how to improve the full coverage of lawyer defense in criminal cases.Proposed solutions to the problems in the third part.It mainly proposes countermeasures from how to improve the system and connection mechanism,how to construct a multi-level and multi-coverage legal aid funding system,how to improve the practice environment of lawyers,and how to establish a supervision mechanism for legal aid personnel.Finally,the author reiterated his great confidence in China's establishment of a full coverage of lawyers' defense in criminal cases and the establishment of a rule of law in China.
Keywords/Search Tags:Criminal defense, Full coverage, Legal aid
PDF Full Text Request
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