Research On Effective Criminal Defense System

All along,the right to defense is regarded as one of the most inviolable procedural rights for criminal suspects and defendants,and is a key research object in the field of criminal litigation.For the protection of the accused's right of Defense,the United States,the United Kingdom,Germany and other countries have clarified the principles of effective defense and established the corresponding system norms.However,China does not have a complete sense of effective defense system,and the concept of effective defense is not carried out completely and effectively.At present,there are many problems.For instance,the status quo of the research on the problem of systematic and effective defense,the definition of effective defense is vague,lack of standards for effective defense,the relief of invalid defense is absent and so on.Therefore,taking the goal of the accused to obtain effective defense as the theme,clarifying the concept of effective defense,clarifying the central question of what constitutes an effective defense,and appraise the quality of criminal defense reasonably.This can help us better establish an effective defense system,and more effectively protect the rights and interests of the accused.This paper is composed of the following four parts:The first part is a summary of effective criminal defense.It mainly introduces the following contents:the basic theory of effective defense in criminal law,fundamental connotation and practical value,human rights protection,judicial justice,effective defense under the concept of litigation structure.Analyze its characteristics and affirm its value.The second part is to provide judgment standards for criminal effective defense activities.By comparing and introducing the effective defense judgment criteria of typical countries outside the region,And the academic research results and criminal justice practice in China,analyze the pros and cons of effective defense standards at home and abroad,looks for potential hidden standards and tendencies in practice,and summarizes and proposes more comprehensive and feasible effective defense judgment criteria.The third part is the remedy way of criminal invalid defense.Through the investigation of the remedies for extraterritorial invalid defense,it is found that for different sources of infringement,there are timely and effective remedies for the infringed,such as applying for exclusionary evidence,applying for invalid defense,and applying for habeas corpus.In addition,China's judicial practice has also emerged with Chinese characteristics.That is to say,on the ground of violating the legal procedure,the ruling of rescinding the original judgment and sending it back for retrial is made..These relief methods in different countries and under different situations of the development of the rule of law have extremely high research value and reference significance.The fourth part is to plan and build an effective defense system in line with China's national conditions.First of all,the evaluation system of effective defense should be established,the judgment standard of effective defense should be clarified,and the evaluation method of effective defense should be set up.Secondly,we should create the guidelines of discipline and remedy mechanism under the situation of invalid defense,to use the construction of punishment mechanism to warn the people with connections To strictly obey laws and regulations,punish the infringer,and to timely safeguard the right of defense of the accused by the relief mechanism.Finally,We need to improve the system of access for criminal defense lawyers and legal aid.It reflects its effectiveness in providing lawyers' help and improving the quality of defense.