| Providing high quality legal aid services to ensure that legal aid from "universal defense" to "effective defense" has become the common trend of the development of legal aid system in the world.The right to defense of lawyers means that the defense activities should be effective.Otherwise,citizens can only enjoy the right to defense in form,and at most,it plays a role of maintaining the formal legality of the proceedings.For the accused,this is not fundamentally different from the absence of the help of lawyers.Modern criminal justice is generally believed that the implementation of effective defense lawyers and must be based on aid recipient on the basis of mutual trust,and our country the present stage of criminal legal aid lawyers assigned to the program and no specific provisions,in the case,the legal aid designated authority exactly which law firm appointed by what standard which lawyers to defend the recipient to provide services,there is no uniform standard,lead to practice,practice is differ,really hard to implement effective defense.Based on this,on the basis of consolidating the full coverage of legal aid defense at the present stage,especially when the Law on Legal Aid is about to be issued,it is necessary to deeply study the mechanism of promoting effective defense,so as to realize the basic commitment of modern countries to the rule of law.In this paper,starting from the necessity of security defense quality legal aid effectiveness,analysis effectively defense must have theoretical basis,teasing out the limit of our country’s criminal legal aid effectiveness of various kinds of factors,on the basis of the investigation of the origin of the legal aid system and the idea of an effective defense to defend America’s effective development path,summarizes the advanced experience,and puts forward corresponding countermeasures.The main body of the paper is divided into four chapters.The first chapter,Rights and checks and balances: Why we need to protect the effectiveness of legal aid defense.Says countries criminal legal aid system is essentially creating a confrontation with their organization,its aim is to fully guarantee the proper operation of the state prosecution behavior,and only as much as possible to the defendant and the prosecutor equal armed,to make the accused person feel in both entity and procedure of judicial justice and judicial authority,the legitimacy of state prosecution can fully manifest.The judicial practice of various countries has proved that citizens’ right to criminal legal aid must be based on the following three aspects: the right to lawyer’s defense is the most basic right of citizens,the provision of criminal legal aid is the basic obligation of the state,and the defense obtained by the accused must be competent and effective.The second chapter,highlights and shortcomings: the influence factors of legal aid defense effectiveness.Through sorting out the common factors affecting the effectiveness of criminal legal aid defense and the lack of legal aid defense lawyer assignment procedure,the crux of the problem is found.Among them,the general factors affecting the effectiveness of criminal legal aid defense mainly include three aspects: the conflict of criminal procedure values,the single mode of legal aid defense provision,and the absence of invalid defense standards.The factors of the lack of legal aid defense lawyer assignment procedure mainly include five aspects: unclear standards for legal aid defense lawyer selection,failure of legal aid lawyer list system to play a practical effect,lack of the right of recipients to choose lawyers,lack of continuous legal aid agency,and ineffective supervision of legal aid process.The third chapter,experience and enlightenment: the study of the effective defense of British and American countries.The stone of other mountains can attack the jade.This chapter mainly investigates the legal aid system is the birthplace of the British and the idea of an effective defense to the effective defense system development history and the advanced experience,the first combed the Anglo-American countries criminal legal aid system from the "defense" to provide "effective" evolution process of the second respectively investigates the public defender of the Anglo-American countries system and legal aid system,contract concluded four enlightenment: legal aid legislation is to ensure the basic premise of effective defense,defend legal aid to provide diversified mode is helpful to improve effectiveness,"effective" theme is the future of the defense system,effective defense and ineffective defense bring out the best in each other.The fourth chapter,intervention and relief: the path to improve the effectiveness of legal aid defense.On the basis of summarizing the influencing factors in Chapter 2and the experience in Chapter 3,this chapter analyzes the basic path of improving the effectiveness of criminal legal aid defense and improving the procedure of assigning criminal legal aid lawyers,in order to provide reference for the formulation of relevant policies.To improve the effectiveness of criminal legal aid defense,the first thing we need to solve is the basic issues such as concept,mode and standard.Only when the concept of effective defense is deeply rooted in the people’s minds,the mode of legal aid defense is sound,and the standard of effective defense is clear,can the effectiveness of legal aid defense be developed in depth.The concrete measures include strengthening and popularizing the concept of "effective defense",constructing diversified modes of legal aid defense provision,and exploring the construction of localized invalid defense system.Part to perfect the criminal legal aid lawyers assigned program,the main measures include: legal aid lawyers send clear standards,and develop the function of the system of criminal legal aid lawyers list,giving the recipient a lawyer options,adopt the way of agent for legal aid,perfecting the supervision and five aspects of the whole process of legal aid.The conclusion emphasizes that the criminal legal aid lawyers should change the utilitarian concept and uphold the public welfare purpose more.In the system of full coverage of criminal defense,the stage of lawyer’s intervention should be transferred to pretrial.Public security organs and procuratorial organs should also change their ideas and view legal aid lawyers from a more objective and just perspective.In criminal legal aid from "common defense" to pursue "effective defense" of the international big background,the need to defend "effect" as the starting point of perfecting the system and the final foothold,adopt many long,build conforms to the legal aid system of its own national conditions,to make every citizen in the can feel the fairness and justice in a jurisdiction in the case. |
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