Analysis And Research On The Full Coverage Of Lawyers’ Defense In Criminal Cases In S County,Shandong Province

Since the Eighteenth National Congress of the Communist Party of China,The Party Central Committee has put forward the overall strategy of governing the country according to law,pay more attention to respect and safeguard human rights.It’s clear that we need to promote judicial strictly,to base on facts and take law as the criterion,so that promote the reform of trial centered lawsuit system,and carry out responsibility system of case quality life and misjudged cases responsibility concerning of accountability.Criminal lawsuit of our country’s modern sense originated in “repairing the law” by Jiabenshen in Qing Dynasty,but due to thousands of years of feudal autocratic rule in our country and the influence of the traditional criminal justice idea,the development of the criminal defense system is not optimistic,as well as the local and regional economic development imbalance,lawyer resources distribution uneven,inadequate protection of the lawyers rights,the lack of the lawyer’s practice ability and level.As a result,the criminal defense has a big gap between developed countries and our country.One of the most prominent problem is in the low rate of Criminal Defense,according to statistics,which is only about 30%.There’s no denying the fact that this is incompatible with the strategy in our country.Based on these practice,on October 9,2017,the supreme people’s court and the ministry of justice issued the measures on the pilot work of full coverage of lawyers’ defense in criminal cases,and decided to take the lead in the pilot work of full coverage of lawyers’ defense in criminal cases in eight provinces and cities,including Beijing and Shanghai.Shandong Province is not the only one in the pilot,but on August 6,2018,S in Shandong Province obeyed to unified arrangement,become the first pilot place.It actively explored more measures to maintain the lawful rights and interests of criminal suspects,defendants,enlarged criminal case to the whole criminal cases,that means all the suspects and defendants has a lawyer.Provided that the criminal suspect or defendant has not appointed a defender to participate in the proceedings,the people’s court shall notify the legalaid agencies to appoint lawyers to defend the defendant in court.This means that no matter what kinds of procedure is applicable to the trial of criminal cases,as long as the defendant does not have a defender,the people’s court is required to appoint its defender to appear in court,which is undoubtedly a further attempt and exploration of the pilot work.In the pilot process,S has achieved a series of achievements,such as the defense rate of criminal cases greatly improved from about 30% to 100%;achieved the predetermined target of the pilot work and protected the legitimate rights and interests of criminal suspects and defendants better;the judicial credibility and transparency improved,since the implementation of the pilot work,through the effective participation of lawyers,as well as the defendants’ judgments of the court confirmed in their heart,the appeal rate of the first-instance case significantly reduced,and the appeal rate of the first-instance case heard by S court has been effectively improved.After the appointed defense lawyers intervening,they explain the basic law reasonably in the course of legal proceedings,has set up a bridge of communication in the process,the defendants and their close relatives of the defendant get a settlement and are given the biggest discount,which prompted the rising mediation rate in litigation cases.The number of cases tried by summary procedure,quick adjudication procedure and admission of guilt and punishment procedure has increased significantly,which has promoted the distribution of cases between complicated and simple,saved judicial resources and improved judicial efficiency.The pilot work in S has made obvious achievements,While there are also a series of problems such as effective defense,insufficient lawyer resources,unscientific establishment of assignment mechanism,imperfect supervision and restriction mechanism,which need us to propose countermeasures to solve and improve.In view of the above problems,the author tries to propose measures to solve them.We need clarify the responsibility of effective defense,and formulate the relief measures and sanctions for ineffective defense by establishing the standard of effective defense.By integrating lawyer resources across administrative regions,we can make full use of the working mechanism of legal counsel inone village(or community),to solve the problem of insufficient lawyer resources.By introducing the mechanism of the defendant selecting and appointing defenders in the ordinary procedure cases,the effective connection of the pattern of assignment is implemented,and the mechanism of assignment is constantly improved.We will establish a quality supervision mechanism for cases,a way to evaluate the conclusion of cases and a reward and punishment mechanism to constantly improve the supervision and control mechanism.Only in this way can the effective defence of criminal cases be improved gradually.