| After more than ten years of development,the scope of legal aid defense in China has been expanding continuously: from the stage of litigation procedure covered,it has moved from pre-trial to the stage of investigation and prosecution;from the type of crime covered,in the pilot areas covered by criminal defense,it has expanded from criminal cases that only aim at the economic difficulties of the defendants,may be sentenced to death or life imprisonment,are minors,are deaf,blind and mute people.To all types of crime cases.Nevertheless,it is of great significance to enhance the effectiveness of legal aid defense.Legal aid defense refers to the discussion of the effectiveness of defense in criminal legal aid cases.The so-called effectiveness of defense means that in a series of defense activities,qualified defense lawyers make full preparations before court,consult and communicate with the accused,and then put forward reasonable defense opinions.Through empirical research,the author finds that the effectiveness of legal aid defense in judicial practice is still insufficient.The main manifestations are as follows: due to the influence of objective and subjective factors,defense lawyers have limited time to read papers,insufficient number of interviews,insufficient investigation and evidence collection,and insufficient pre-trial preparations,resulting in their defense opinions tend to flow into formal sentencing opinions,less involving more complex and important aspects of conviction.In addition,due to the low quality of the overall defense,coupled with the excessive pursuit of speedy closure of cases to improve efficiency,some judges in practice pay insufficient attention to legal aid defense.The author also found that the defendant's lack of trust in legal aid lawyers is one of the factors restricting the effectiveness of legal aid defense.The author believes that the crux of the problem lies in the imperfection of the relevant system,which is manifested in the following aspects: first,the legal aid subsidies are too low to guarantee the lawyers' reasonable income,or even insufficient to offset the basic cost of handling cases,which greatly hampers the lawyers' enthusiasm for defense;second,the legal aid defense in China is not autonomous and selective,and the relevant cases are statutory.Obligations are uniformly allocated,which do not have market selectivity and seriously restrict the enthusiasm of lawyers to a certain extent.Thirdly,the legal aid defense time stipulated by the system is obviously insufficient,which seriously restricts the effect of lawyers' defense preparation objectively.Fourthly,China's legal aid defense lawyers' access regulations are vague and general,except for death penalty cases,they have "one-year experience of assigning criminal defense practice".” Corresponding requirements,in practice,a large number of cases do not have relevant access regulations,resulting in uneven competence and literacy of lawyers,and some major difficult cases are even handled by lawyers who lack experience in handling cases.Fifthly,the supervision mechanism of legal aid is not perfect,and a complete set of evaluation reward and punishment mechanism covering pre-event,in-event and post-event has not yet been established,resulting in the lack of horizontal and horizontal quality of lawyers' defense.Vertical effective comparison.In view of the above problems,the author puts forward the following ways to improve: first,to improve the subsidies for legal aid defense cases;second,to introduce the supply mode of legal aid defense purchased by the government;third,to optimize the relevant laws and regulations for the duration of legal aid defense;fourth,to raise the threshold for legal aid defense lawyers;fifth,to improve the supervision mechanism for legal aid defense;sixth,to promote the scientific evaluation of judges' performance. |
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