Research On The Realization And Guarantee Of Effective Defense By Lawyers In Our Country

In recent years,with the continuous acceleration of the process of rule of law in China,the demand for criminal defense has become higher and higher,and the phenomenon of virtual trial has been hindering the development of criminal defense,and the trial centered litigation system reform is the most concentrated embodiment of substantive trial.In court trial,we should guarantee that every defendant can fully enjoy the right to defend himself.The development of criminal defense is a dynamic development process,that is,"every defendant should have the right to defend himself,the right to hire a lawyer to defend himself according to law,and the right to hire a lawyer to defend himself effectively according to law".Due to the residual of investigation centralism in the criminal procedure,it is difficult to implement the effective defense.Therefore,the author puts forward some suggestions for the reform of the trial centered litigation system.This paper will demonstrate from four aspects:The first part mainly focuses on the integration of effective defense theory.First of all,it introduces the connotation and background of effective defense,and clarifies the "what" problem of effective defense;secondly,it discusses the necessity of implementing effective defense in an all-round way at this stage in China;finally,it discusses the theoretical value of the implementation of effective defense for the construction of a country ruled by law,the improvement of the judicial system,and the protection of the rights and interests of citizens.The second part,using the method of empirical analysis,combined with typical cases,analyzes the dilemma of effective defense in judicial practice.First of all,three judicial cases with criminal defense disputes are introduced,through a brief introduction of the basic situation of the three cases,as well as the judgment results;secondly,for the disputed judgment results and the defense process,the paper sums up the controversial problem focus,and expounds and analyzes the problem focus.In the third part,according to the theoretical limitations of the present stage,combined with the focus of controversy in typical cases,some problems in judicial practice are found.By using sociology,psychology and other multi-disciplinary in-depth analysis,from the aspects of unclear legislative provisions,inaccurate implementation of the judicial system,and imprecise concept of lawyer practice,the problems affecting the implementation of effective defense are discussed In depth discussion.The fourth part,in view of the existing problems of criminal defense,puts forward feasible theoretical improvement measures.Mainly from the improvement of relevant legislative provisions,the improvement of the relevant judicial system,as well as the promotion of professional ethics of lawyers and litigation participants in the concept of litigation and other aspects discussed and improved.