On The Guarantee Of Effective Defense In China

The effective defense system refers to the defense system in which the defender fully exercises the right of defense in criminal proceedings,in order to protect the legal rights and interests of the accused to the greatest extent.The research on its theoretical basis is extremely forward-looking,which can lay a solid theoretical foundation for solving the dilemma of lawyer’s defense in judicial practice.Effective defense theory adapts to the needs of the current judicial reform and aims to improve the quality of defense in criminal proceedings.It has important theoretical significance and practical effect to promote the further realization of judicial justice.However,this system still has many inadequacies,did not give play to the actual effect.In view of this,this paper studies the effective defense system in China from the perspective of the protection of effective defense.The body of the paper is mainly divided into three parts:The first part is an overview of effective defense.This part mainly analyzes the concept of effective defense and summarizes the practical significance of effective defense.The concept of effective defense is divided into broad and narrow senses.The broad sense of effective defense means that the defender provides beneficial legal assistance to the prosecutor;The narrow sense of effective defense means that the lawyer should stick to his footing after accepting a commission or being appointed as a defender.From the standpoint of defending the lawful rights and interests of the prosecutor,we professionally,accurately and efficiently put forward defense opinions in favor of the prosecutor.The second part is the insufficient effective defense on the current situation and expounds,from the defenders of qualification,professional ethics and professional ethics,evaluation standard,defenders right exercise,supervision and relief and legal assistance,the duty lawyer is analyzed,reveals the existing problems,mainly including low qualification requirements for defenders,some lawyers professional ethics,Problems such as insufficient punishment system,unclear evaluation criteria for effective defense,numerous obstacles to the exercise of the rights of the defender,ineffective supervision of effective defense,empty relief channels and legal aid,and imperfect system of the duty lawyer have become obstacles to the realization of effective defense in China.The third part aims at the shortcomings of effective defense in our country,and puts forward the methods of realizing and guaranteeing effective defense in our country,including establishing and improving the admission mechanism of defense,strengthening the emphasis on the professional ethics and professional ethics education of lawyers.In order to ensure the development and realization of effective defense in China,we should set up a punishment mechanism for defense lawyers,clarify the standard of effective defense,perfect the procedure of effective defense,strengthen the supervision of defense lawyers,provide procedural relief,perfect the legal aid system and the system of on-duty lawyers.