Research On Effective Assistance Of Counsel

In criminal action case, the self-defense effect for most suspects or defendants is not ideal because their personal freedom is restricted. It has been an important way of balancing the powers of both parties to engage a lawyer to provide professional legal assistance to the defendant in lawsuit, so the role of lawyer in action is obvious. In addition, based on the traditional lawsuit culture in our country, the primary criminal judicature principle of striking criminal makes the right of suspect or defendant infringed easily, so the help provided by the lawyer also guarantee the right of suspect and the defendant without being infringed by judiciary authority greatly. Besides, effective defend makes the accused receive just trial so as to safeguard judicial justice. During litigation, correct and rational exercising the right to defense is the important way of lawyer to develop function in the criminal action effectively. The exercising of lawyer’s right concerns about the effectiveness of defense in the criminal case. The development of criminal defense right of lawyer in our country has experienced Law Act in 2007 and the revision of Code of Criminal Procedure in 2012, so the content, exercising and guarantee degree of right to defense have made great progress, but the problems in addition to progress cannot be neglected. The paper makes research on effective defense system of criminal action in our country in the perspective of exercising the right to defense by defense lawyer. It mainly starts with safeguarding the lawyer to exercise defense right positively and effectively through investigating the concept of effective defense right, research on historic development and advanced system experience of foreign countries. It analyzes the current situation of the operation of lawyer’s defense right by combining the provisions of the existed rules in our country and concludes the method and approach to construct effective defense system of criminal in our country.This writing is divided into five chapters, the first part mainly introduces the writing background of this paper, research methods, current research status and research significance.The second part is mainly through the effective defense system overview of the basic theory, including the concept of effective defense system, development and positive significance of criminal litigation.There are six chapters in this paper. Chapter 1 introduces the research background, current situation of foreign and domestic researches, research method and research significance by combing the current researches on effective defense problems.Chapter 2 mainly introduces basic theory of effective defense system, including the concept and development of effective defense system and its positive significance on criminal action.Chapter 3 mainly discusses the current situation of exercising criminal defense right of lawyer on effectiveness of defense in our country from the perspective of exercising right to defense of lawyer. Through investigating the current legal provision and its operation status in reality, Chapter 3 concludes the deficiency existed in legislation and the problems existed in practice and analyzes the reason for the problems on such basis.Chapter 4 introduces major provisions of effective defense system specific to international legal document and major countries of each legal system in related to effective defense of lawyer in current world and applies comparative analysis and current provision of our country to conclude corresponding experience enlightenment.Chapter 5 concludes the methods and suggestions suitable for effective defense system of criminal in our country at present, on the basis of the above contexts, by combining the related systems and the actual operation situation of effectiveness of current lawyer defense in our country and through analyzing mastery of development trend of lawyer’s right and the enlightenment from foreign countries comprehensively.