The Game And Balance Of Effective Defense In Criminal Adjudication

In recent years,in the case of the case of Shexianglin and the case Zhao zuohai shocked the society,the case of Hugejiletu and the case of Nieshubin entered the perspective of people.Reflect onthe reasons for these false and false cases may be different,but the same thing is that the defense lawyer fails to intervene in the case or not fully exercise their rights to the defense or not fully play a role of effective defense after intervene in the case.Based on this,it is necessary to reflect on the existing criminal defense system in China and gradually introduce effective defense system from procedural and substantive aspects.This paper firstly analyzes the two cases and then obtains the concept and connotation of effective defense.At the same time,a random sample of 200 criminal judicial documents selected as the sample by analysis,then points out the questions of China’s current effective defense,such as sentencing defensedominate,the difficulty of illegal evidence exclusion,the less of plea of innocence,the difficulty of investigation and evidence collection,less response to defend opinion,the poor quality of appointed defense.The main reason is the result of the game between the right to defense and and the investigation of the public security unit,the procuratorial authority of people’s procuratorate organs,the judicial power of the court and the entrustment of the litigant.On this basis,the author makes reference to the international standards and extraterritorial practice of effective defense,especially the concept of effective defense in the United Nations,the United States,the United Kingdom,France and other western countries and the expansion of its connotation.Refer to the western experience of developed countries,combined with China’s national conditions,the author proposed the establishment of a public defender’s office to ensure the quality of the specified criminal defense,effective defense from the security defense and ready to perform their duties according to law rights determined by judicial guarantee obligation.Making the criminal defense guide,regulate the defense opinion adopting mechanism,explore the opinions adopted debate sides two-way control mechanism,strengthen the effective defense operation process to strengthen effective defense checks on criminal judgment by the Chinese lawyers association.In view of the ineffective defense in reality,it is suggested that the relief system of invalid defense be established,and to clarify the starting subject,subject of review,burden ofproof and legal consequence of theinvalid defense review and make a decision of prosecution.