Effective Defense Under The Trial Central Principle

It is the consensus of modern criminal judicature to protect suspects and defendants’ right to defense. Given to their disability,lawyers’ intervening has became the most important method to ensure the effective exercise of the right to defense. Academics begin to question whether the lawyer’s defense is effective. From the good practices of Europe countries,we know sufficient procedural protection is necessary.We can also aware of the importance of lawyer’s professional knowledge and amazing performances on the court. Establishing proceedings centered on the trial provided a new way to effective assistance.The subject that the article will study is effective assistance,emphasizing the cut-in point will be the relationship of effective assistance and proceedings centered on the trial. The method of empirical investigation, comparative analysis and value analysis will be used in this article. It’s consists of six chapters:The first part focuses on basic theory of effective assistance and proceedings centered on the trial. The second part list the common elements between these two concepts,such as judicial independence,equality of the prosecution and the defense,the principle of direct verbal trial. The third part discusses the relationship of effective assistance and proceedings centered on the trial. The fourth chapter analyzes some difficulties effective assistance will face under the situation without proceedings centered on the trial. The fifth chapter introduces typical practices in continental law system and Common law system. The sixth part explores the way to ensure effective assistance under the trial central principle.