Research On The Admission System Of Criminal Defense In China

In criminal proceedings,the defendant has the right to defense,which is the proper meaning of optimizing the litigation structure,and is also an important measure to protect the human rights of the respondent and avoid unjust,false or wrongful cases.The right of a person being prosecuted is entitled to a defence,which means that he has the right to an effective defence.The involvement of a defense lawyer is of no significance if it is only formal and does not really play a role in safeguarding the lawful rights and interests of the person being prosecuted.There are many factors that affect the effective defense of defense lawyers.One of them is whether the lawyer has appropriate qualifications,experience,knowledge and ability.The defense access system can limit the conditions for lawyers to become defenders,thereby improving the effectiveness of protecting criminal defense and helping to achieve the principle of effective defense.The criminal defense access system,by improving the defense lawyer's practice ability and case handling level,in addition to implementing the principles of effective defense,can also ensure the effective operation of the legal aid system,laying the foundation for the full coverage of criminal defense reform.At the same time,this system is also conducive to the use of rational objections raised by lawyers to help public security judicial organs to ensure the quality of cases.In recent years,the construction of a country under the rule oflaw in our country has made citizens' awareness of the rule of law constantly increasing.At the same time,the team of lawyers is gradually moving towards professionalization.The full coverage system has also begun to be implemented.Therefore,there are already ideological conditions,talent conditions and case source conditions for constructing a defense access system in China.The construction of this system is feasible.At present,in most countries where the rule of law is developed,criminal defense access systems have been established,especially for death penalty cases or cases heard by higher courts,which have set very strict access conditions.It can be seen that the existence of the defense access system has a certain rationality.Therefore,it is necessary to establish a criminal defense access system as soon as possible,given the necessity and feasibility conditions in view of China's current situation.When constructing China's criminal defense access system,the most important thing is to establish reasonable conditions for criminal defense access.First,non-lawyer personnel should be excluded as defenders.All lawyers can only handle criminal cases after one year of practice.Before that,the lawyer can act as a paralegal to assist qualified lawyers in handling criminal cases.Secondly,stricter conditions for access to defense should be set for death penalty cases,criminal cases before the High Court and Supreme Court,and special types of criminal cases.In addition,a mechanism which containing the review,withdrawal,and objection handling of criminal defense access should be established,legal consequences for lawyers' criminaldefense in violation of regulations,and reasonable supporting mechanisms such as a reasonable fee mechanism and a practice immunity mechanism.