Discussion On Universal Defence

In recent years,the awareness of rights of ordinary people has been strengthened,and the protection of the rights and interests of criminal suspects and defendants in criminal proceedings needs to play a role in criminal defense.In the process of advancing judicial reform,the criminal defense system has been constantly improved and developed,which is reflected in the expansion and strengthening of the right to defense and the expansion of the coverage of criminal defense.However,the low defense rate of lawyers in criminal cases is still a difficult problem in the practice of criminal justice.In 2017,the pilot project of lawyer defense in criminal cases was launched,which effectively promoted the improvement of lawyer defense rate in the trial stage of criminal cases.The trial of lawyers' right to defense coverage in criminal cases refers to the full coverage of lawyers' defense in the trial stage,focusing on the full coverage of formal defense,which is different from the universal defense that takes both form and substance into account.In the context of comprehensively advancing the rule of law,universal defense is an important manifestation of the principle of respecting and safeguarding human rights.It also plays an irreplaceable role in promoting the realization of judicial justice and trial centralism,and is conducive to the realization of the fairness and efficiency of litigation and effective supervision of state power.At this stage,the current situation of China's existing systems and judicial practice poses a challenge to the universal defense.The coverage of the current criminal defense,the quality of defense cannot meet the needs of universal defense,the conflict between universal defense and litigation efficiency,and the poor defender's guarantee system and practice.The environment restricts the realization of universal defense.Therefore,it is necessary to proceed from the judicial practice of our country,fully abide by the laws of the judiciary,analyze and summarize the relevant research results of the academic circles,draw on the useful experience of the extraterritorial criminal defense system,and solve the dilemma that hinders the realization of universal defense.First of all,it is necessary to expand the scope of criminal defense,improve the lawyer's practice guarantee system,create a good practice environment,create a good external environment for expanding the scope of defense,and then expand the scope of legal aid,improve the duty lawyer system,and build supervision cases.The intervention mechanism improves the criminal defense rate.Secondly,by constructing a reasonable case classification mechanism,the defense requirements of various criminal cases are established,and the litigation process is slowed down due to high-standard defence requirements in the process of handling some simple criminal cases,thereby improving the efficiency of litigation.Finally,construct a criminal defense quality evaluation system,evaluate the defenses obtained by the parties as the main body,and establish a self-defense mechanism of the party-led and duty lawyers to promote the improvement of the quality of the defense.At the same time,it is very important to pay attention to the effectiveness of the defence in plea cases and Default Trial procedures.