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Research On The Full Coverage Of Lawyer Defense In Criminal Cases

Posted on:2021-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y M HaiFull Text:PDF
Abstract/Summary:PDF Full Text Request
The right of defense is a basic right of citizens.It is of great significance to obtain lawyer's defense,whether for the protection of individual rights and interests of citizens or the protection of judicial justice.The lawyer's defense rate of criminal cases in China has been at a low level for a long time.Although the criminal legal aid system is constantly improving,the quality of criminal legal aid cases has not been effectively improved.In response to this situation,on October 11,2017,the Supreme People's court and the Ministry of Justice jointly issued the measures on the pilot work of full coverage of lawyer's defense in criminal cases(hereinafter referred to as the "Pilot Measures").The proposal of this system not only brings new development prospects to the lawyer defense system of criminal cases in China,but also puts forward new challenges.How to ensure the full coverage system of criminal case lawyers to play a practical role is an urgent problem to be solved.The article has four parts besides the introduction.The first part of the article mainly discusses the concept,specific provisions,development path and the significance of the "pilot method" of the full coverage system of criminal case lawyer's defense.The second part analyzes the obstacles encountered in the process of promoting the full coverage of criminal case lawyer's defense,such as the legislation and judicial practice of criminal legal aid,the quality of defense and so on,through the investigation of the current situation since the trial implementation of the pilot measures.In the third part,the author studies the relevant systems of foreign countries,and makes corresponding reference.In the fourth part of the article,aiming at the problems found in practice,the author puts forward the basic ideas of perfecting the relevant legislation,further expanding the full coverage of criminal case lawyers' defense,and constructing the quality supervision mechanism of criminal defense to ensure the full coverage of criminal case lawyers' effective defense.The conclusion once again reaffirms the importance of protecting the rights of criminal defendants to obtain the lawyer's defense,and expresses the firm confidence in the construction of China's socialist legal society.
Keywords/Search Tags:Criminal defense, All standing, Legal aid, Basic rights, On duty lawyer
PDF Full Text Request
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