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Effective Defense In Criminal Proceedings

Posted on:2021-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2416330623970807Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The right to defence is an important factor in measuring whether a country has human rights and whether the rule of law is civilized,and it is clearly defined by many countries in the form of legislation,which shows that it occupies an important position in the construction of the rule of law in a country.The more civilized the rule of law,the more perfect the guarantee of the right of defense,and in this process,the effective defense system is the focus of ensuring the further improvement of the right of defense.At first,the "effective defense" system originated in the United States,but the United States did not clearly define the system,but put forward the action of "invalid defense ",through the elaboration of " invalid defense ",to ensure the implementation of the effective defense system from the opposite direction.Yes On the basis of the theory of distinction and the principle of judicial fairness and justice,the establishment of the effective defense system is of great significance for improving the efficiency of criminal procedure,ensuring the quality of criminal defense and safeguarding the rights of criminal defendants.The existing legal system of our country has not clearly expounded the effective defense system,so there is no more complete effective defense system in our country.In judicial practice,there are some problems in the field of criminal defense in our country,and most of the problems are related to lawyers,so it is urgent to ensure the quality of lawyers' defense and improve the rate of lawyers' defense.Lawyers are an important line of defense for the protection of the rights of suspects and defendants and a symbol of national civilization.When lawyers gain power,they need to improve their careers Accomplishment,due diligence in practice to fulfill the obligations conferred by the law,after accepting the entrustment or being appointed as a defender to fully communicate and exchange with the defendant,only after the defendant fully understand the facts of the case,the lawyer and the defendant on the defense point of view can be less formed,so that in court trials,both parties can easily form a joint effort of litigation,will play the best effect of coordinated defense.The realization of coordinated defense not only requires the due diligence of lawyers,but also requires the state to increase the investment of legal aid,give the accused the necessary right to read the paper,and the whole process of lawyer's defense covering criminal defense.
Keywords/Search Tags:effective defense, collaborative defence, lawyer
PDF Full Text Request
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