| In the judicial practice of death penalty cases in China,the defendant’s personal freedom is limited,resulting in a limited defense and a high degree of dependence on the counsel.The effective defense in the death penalty case is an important step in transforming the right of defense from the form meaning to the essence,and the accused is not only defended by the lawyer,but also the effective substantive defense.Effective defense is an efficacious way to maintain the right to life of the accused,and it is an important way to promote judicial fairness of death penalty cases and curb improper application of death penalty.As a blank of a system,the concept of effective defense in the death penalty case is still controversial and there is no clear conclusion,but the introduction of effective defense still deserves our in-depth study and discussion.We can’t completely replicate the relevant provisions of effective defense in the Anglo-American law,especially in the United States.We must explore in combination with our legislation and judicial practice.Based on the current situation of the death penalty cases in China,this paper analyzes the existing problems in the present stage of the defense,referring to the mature practice and relevant achievements of the effective defense of the death penalty cases in the extraterritorial law,and puts forward some suggestions to establish the effective defense of the death penalty case to further ensure the impartiality of the death penalty.For example,the relative separation and sentencing defense procedure can be established in the death penalty case,the legal admittance and guarantee mechanism of the death penalty case,the procedural defense of the death penalty case,the quality standard and the evaluation mechanism of the effective defense in the death penalty case need to be clearly defined. |
