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Research On The Designated Defense System For Death Penalty Review Cases

Posted on:2021-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ZhangFull Text:PDF
GTID:2436330620462932Subject:legal
Abstract/Summary:PDF Full Text Request
With the continuous progress of society,the participation of defense lawyers in death penalty review cases has gone through a process from scratch.Although there are relevant laws that allow defense lawyers to participate in death penalty review cases,in practice,the participation rate of lawyers is low,and the defendants in most death penalty review cases can not be defended,which can not realize the practical value of the death penalty review procedure.The introduction of the designated defense system in the death penalty review procedure is necessary to guarantee the defense rights of the accused,and it has a positive influence on the development of the procedure of death penalty review.Assignment of defence in death penalty review cases In the preliminary construction of system application,first of all,it is necessary to confirm the application of designated defense system in death penalty review cases.In order to keep the defence continuous,the relevant courts should give priority to the selection of legal aid lawyers in the first or second instance stage as the designated defence lawyers for the accused in the process of capital punishment review.Secondly,we should construct the qualification system of defense lawyers in death penalty review cases.New lawyers who have received pre-job training undertake death penalty review cases,and set up a third-party evaluation organization to evaluate the lawyers after the completion of the case.In addition,it is necessary to establish a mechanism for meeting defenders in death penalty review cases and to establish a mechanism for the review of death penalty cases The right of defence counsel to read papers and to investigate and obtain evidence ensures that defence counsel is fully and fully informed of the case and provides effective defence advice.Finally,it is necessary to set up a communication mechanism for interviewing judges,so that the judges who undertake cases can have a thorough understanding of the case,grasp the details of the case,and reduce the occurrence of false and false cases.Respect for life,uphold justice,hope that the death penalty review organs continue to sum up historical experience and lessons,improve the death penalty review process,really make every death penalty case can stand the test of law and history.
Keywords/Search Tags:death penalty review, designated defence, right to defence, litigation, legal aid
PDF Full Text Request
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