Research On The Improvement Of Full Coverage Of Lawyer Defense In Criminal Cases

In our country,the full coverage of lawyer defense in criminal cases is inadequate in legislation and judicial practice,which cannot fully meet the realistic needs of judicial protection of human rights and the requirements of the era to build a socialist country ruled by law.The problems of full coverage of lawyer defense in criminal cases in China include: The scope of coverage of lawyer defense in criminal cases is too narrow;The lack and uneven distribution of lawyers;Insufficient effectiveness of criminal legal aid;Problems about the quantity and system of criminal legal aid funds.Among them,the scope of lawyer defense coverage in criminal cases is too narrow,which is embodied in the limited scope of lawyer defense coverage in the investigation stage and the prosecution stage,and the lack of lawyer defense in the supervision and investigation process.The lack and uneven distribution of lawyers are embodied in the lack of lawyers and uneven distribution of lawyers.The lack of effectiveness of criminal legal aid is embodied in the uneven practice ability of criminal legal aid lawyers and the low quality of criminal legal aid.Problems about the quantity and system of criminal legal aid funds are embodied in the shortage of criminal legal aid funds and the unreasonable use and management of criminal legal aid funds.In view of these problems,based on the theory of constitutional rights and the theory of procedure justice,supported by the results of data statistics and field research,and referring to the practice and system of protecting the right of defense in criminal cases in countries under the rule of law,this paper proposes the following reform and improvement measures: Expanding the scope of lawyer defense in criminal cases;Building a diversified criminal legal aid system;Improving the quality of criminal legal aid;Strengthening funding for criminal legal aid.Enlarging the scope of lawyer defense coverage in criminal cases includes enlarging the scope of lawyer defense coverage in the stage of investigation and prosecution and establishing the mechanism of lawyers’ intervention in supervision and investigation procedure.The construction of diversified criminal legal aid system includes the establishment of public defender system and strengthening the complementary role of on-duty lawyer system;Improving the quality of criminal legal aid includes constructing the access mechanism of criminal legal aid defense,perfecting the supervision mechanism of criminal legal aid quality and establishing an effective defense system.To strengthen the financial protection of criminal legal aid includes increasing the supply of criminal legal aid funds and improving the management system of legal aid funds.