On The Effective Defense In The Case Of Death Penalty

With the continuous improvement of our criminal judicial environment, the theoretical and practical circles in China in the safeguard of right to defense system in exercise and attorney’s lawsuit status of research in many aspects, are beginning to further attention to defending the quality standard and remedy the problem. How to improve the quantity and quality of criminal defense, how to maintain the status and role of criminal defense lawyers, how to determine the criminal defense quality standards, how to program provided by the defendant because defense lawyer misconduct caused by the adverse consequences of relief path, how to protect the criminal suspects and the accused. The suspect can get effective defense is a pressing matter of the moment. Effective defense system, to defend the right to fully enjoy as the premise, that the defendant has the right to achieve a certain quality standard for criminal defense. From the content that it provides the quality standard of behavior of counsel, the provisions of the countries have a responsibility and obligation to provide a complete set of effective defense security, also provides for the subject of invalid defence by the defendant obtained relief way. From a practical point of view, in-depth study of the effective defense system has a certain timeliness, from a theoretical point of view, in-depth study of effective defense has a certain forward-looking. And, in our country, the research on this problem has not yet been thoroughly, basically from the procedural illegal angle and Lawyers liability angle to make the relevant provisions, but not from being prosecuted in the angle of being prosecuted the trial itself because the lawyer did not try to reasonably competent obligation to be prosecution causing adverse effects to provide relief. Few people from being on the defendant’s point of defense behavior of the quality is in conformity with the validity standard, few people from the defendant’s point of view of lawyers to do not have reasonable competent defence behavior of obligation in the entity and the procedure of generated by the defendant’s trial.Because of the irreversibility of death penalty cases, the defendant shall have the right to obtain compared to ordinary criminal cases more effective criminal defense.Therefore, this paper intends to study on death penalty cases effective defense system, in order to control and caution the death penalty. In this paper from the protection of the defense rights of the defendant’s point of view, combining application of comparative study and empirical research method of criminal cases in the United States and China inthe effective defense system, the evaluation of lawyer defense behavior of the quality. This paper consists of six parts: the path, theme and method of the first part mainly explain the purpose and significance of the research; the second part mainly discusses the theoretical basis of the effective defense, including human rights theory, the theory of due process,judicial constitutional theory; the third part is the historical development of combing the effective defense, through effective the defense system in the history of the two legal systems, and draws the basic conclusion of effective defense from the development of history; the fourth part mainly introduces the effective defense system of the United States death penalty cases, including the general situation and content system of the United States, the death penalty case effectively invalid defence review proceedings, with reference to China’s current situation and problems; the fifth part is mainly concerned with China’s death penalty cases effective defense system, and to analyze the reasons behind these problems; the sixth part In a comparison of China and the United States death penalty cases effective defense of, make construction of China’s death penalty cases effective defense system framework of choice and the construction of China’s death penalty cases effective defense system should adopt measures, how to use and appropriate to introduce the effective defense system, the effective defense system, especially the death penalty cases effective defense system to take root in China.In short, our country should be in full of capital cases in the United States Defense standards based, draw lessons from the reasonable parts of the capital cases in the United States defence standard system, combined with the actual situation of China’s death penalty case trial, we can first introduced China’s death penalty cases defence standard system. It should be noted, we must also make corresponding responsibility mechanism for effective death penalty defense standard system, i.e., for standardizing the death penalty cases defense lawyers shall be defense of dereliction of duty to set the corresponding responsibility mechanism, when the defense lawyer’s behavior does not accord with the standard of effective defence, defence lawyers shall bear the corresponding legal consequences. At the same time, the rights of the defendant’s defense should have relief procedure, to offset the loss of defense counsel from improper, or the defendant’s right to defense in settings outside is not effectively protected.