| At present,the reform of the trial-centered litigation system in the field of criminal justice in China is underway,and in the face of the reality of the low criminal defense rate in China,the pilot work of full coverage of lawyers’ defense has been gradually implemented to improve the defense rate at the trial stage.After China launched the pilot work of full coverage of lawyers’ defense,the defense rate of cases has been significantly improved,which is of great significance for safeguarding the legitimate rights and interests of the person being prosecuted and reflecting judicial fairness.The meaning of the full coverage system for lawyers’ defense in criminal cases is to allow every person being prosecuted to receive an effective defense provided by a defense lawyer at all stages of litigation,and the theoretical basis includes the principle of equality between prosecution and defense,the principle of effective defense,the principle of procedural justice,and the principle of respecting and protecting human rights.In the investigation and investigation of the current situation of the pilot project of full coverage of lawyers’ defense in criminal cases,five pilot areas were selected,pointing out the usefulness and feasibility of each region in the pilot process,and forming their own models according to their characteristics,forming the "Beijing model","Shanghai model","Guangzhou model","Anhui model" and "Liaoning model",and then summarizing the problems exposed in the pilot and analyzing their causes.Problems in the pilot include the narrow scope of defense,the number of defense lawyers cannot be realistically needed,and the guarantee of assistance funds is insufficient;defense lawyers will be hindered in various forms when exercising their rights to meet and correspond,to investigate and collect evidence,and to read the case file;the role of duty lawyers is not clearly defined,it is only a formality,and it is difficult to give full play to their role in the full coverage of criminal case lawyers’ defense.Based on the above problems,put forward effective suggestions for improvement,expand the scope of criminal defense,establish multi-level funding guarantee standards,establish a lawyer resource pool and match the number of years of practice of defense lawyers with the nature of the case;establish a two-way meeting system between the prosecuted and defense lawyers for the protection of lawyers’ rights,increase the right of defense lawyers to be present during interrogation,give defense lawyers the right to investigate and collect evidence during the investigation stage and increase remedies when investigation and evidence collection is obstructed,establish a system for discovering evidence;clarify the identity of duty lawyer defenders,Turn passive meetings into active meetings,and give duty lawyers the right to read the case file,establish procedures for linking the work of duty lawyers and defense lawyers,and make the duty lawyer system give full play to its value. |
