A Study On The Construction Of Effective Defense System In Death Penalty Cases In China

In recent years,China’s criminal proceedings in the field of injustice frequently,from Peiwu Du case to Xianglin Shecase,from ZuohaiZhao case to Gaoping Zhang case,from the Huge to Bin Nian case.Facts have proved that they are innocent people,but to bear the disaster,have been sentenced to death or sentenced to death.It had to be sighing.The purpose of criminal proceedings is to punish the crime rather than punish the innocent people,living in such a criminal justice environment,it is quite disturbing.In order to ensure that the guilty person is subjected to impartial punishment,especially those who are not guilty of innocence are not subject to criminal investigation,it is practically impossible to prevent the miscarriage of justice.And to prevent injustice wrong case is an important part of the death penalty to do a valid defense.The effective defense system originated in the United States,after the international treaty known to the academic circles,our academic circles from the last century began to study the effective defense theory.In general,a valid defense contains the following connotations: the defender is qualified,the defender communicates effectively with the respondent,prepares the court,and presents a high-quality defense.This paper makes a comprehensive and in-depth study on the effective defense system of death penalty in the United States through the text research method,the comparative research method and the literature research method,and explores its experience to our country.Then,the author examines the effective defense of the death penalty in our country and finds that China has not formally formed the effective defense system of death penalty cases and put forward the idea of constructing effective defense system of death penalty cases in our country.The first part is the introduction.This part expounds the author’s research on the origin of the subject,the summary of the effective defense system and the research methods of this paper.The second part of the death penalty cases effective defense system was outlined.This includes the meaning of the effective defense of the death penalty case,the basis of the effective defense system of death penalty cases and the basic content of the effective defense system of capital punishment cases.The third part focuses on the investigation of the effective defense system of the death penalty in the United States and its enlightenment to our country.In this part,the author first combs the historical evolution of the effective defense of the death penalty in the United States.Then,the author analyzes the design and defense performance of the lawyers in the death penalty case issued by the American Bar Association,and analyzes the paper And how to give us the inspiration and reference function.Finally,it discusses how to apply the "Guidance and Defense Performance Guide of Defense Counsel in Death Penalty Cases",and draw lessons from our experience.The fourth part is the last part of this article,but also the most important part.The author first conducted a comprehensive study on the effective defense of our death penalty cases.During the study,the author found that China did not have an effective defense system similar to the death penalty in the United States,but some provincial lawyers’ associations have explored the effective defense of capital punishment cases.For example,the Henan Lawyers Association issued the Guidelines on the Defense of Death Penalty Cases(Trial),the Shandong Lawyers Association issued the Guiding Opinions on the Defense of Death Penalty Cases(Trial),and the Guizhou Lawyers Association issued the Standard Guidance on the Defense of Death Penalty Cases(Trial)",Trying to improve the quality of the death penalty case defense.Then,the author analyzes the problems and reasons of the effective defense of death penalty in our country.On the basis of this,the author puts forward the idea of how to construct an effective defense system for the death penalty in China.It includes the establishment of a unified national defense standard of death penalty cases,the effective binding standard of the death penalty cases,the implementation of the death penalty case defense lawyer qualification system,The death penalty invalid defense action,to build a trial as the center of the criminal procedure system,strengthen the government to protect the death penalty cases effective defense duties.