An Empirical Study On “Full Coverage System Of Criminal Defense”

After years of development,China's criminal defense system has changed with the times.As an important content of the criminal justice system,criminal defense has extremely important significance in criminal proceedings.In the context of a new round of “trial-focused” judicial system reform,various documents on criminal defense have been issued in succession.Among them,the “Measures for the Pilot Work on the Full Coverage of Lawyer Defense in Criminal Cases” was published in October 2017.Has made China's criminal defense move to a new level.The "full coverage of criminal defense" system was implemented in the substantive implementation of the court trial.Its purpose is to allow the criminal court trial to achieve fairness and justice,play an effective trial function,and effectively protect the defendant 's legal rights The confrontation between the two sides of the defense pave the way to conform to the trend of international justice.This article selects one of the first pilot areas of the criminal defense full coverage system,City S and Province B.Through field research on City S and Province B,the author collected relevant data and analyzed it.Combined with the analysis of these data,it is certain that the implementation of the criminal defense full coverage system has made a qualitative leap in China's criminal defense rate,which has laid a good foundation for balancing the confrontation between the prosecution and the defense.But at the same time,the trial implementation of the criminal defense full coverage system in the pilot areas has also revealed certain problems.The system mainly relies on legal aid and duty lawyers to achieve it.Then the number of lawyers is a major constraint on the system.Factors;secondly,city B in province S belongs to a poor area,and new demands are placed on the funding of lawyers;in addition,legal aid lawyers are different from defense lawyers,and improving the quality of legal aid lawyers is one of the ways to solve the effectiveness of defense;Fourth,legal assistance has not yet been implemented;in the end,the full coverage system is not implemented by one department,it requires the coordination and cooperation of multiple departments.Based on the analysis of the data,this article analyzes some related problems that occurred during the trial implementation of the full system of criminal defense.In response to these problems,the author proposes the following related improvement paths: The first is to introduce a public lawyer system to change the supply of legal aid lawyers;the second is to effectively protect the funds for assigning lawyers to handle cases and diversify the sources of lawyer funds;the third is to improve the supervision of the quality of assigned defenses and strengthen the supervision before,during and after the event;It is to improve the lawyer system on duty and effectively provide legal assistance.Fifth,to increase the protection of lawyers' right to practice.