The Research Of Effective Defense System

The research on the theory of criminal defense and the requirements of the development and operation of criminal defense work in our country urge us to pay more attention to criminal defense,especially the quality and effectiveness of criminal defense.In the context of judicial reform centered on trial,the recognition and pursuit of effective defense system will help to solve the existing problems of criminal defense in China and protect the legitimate rights and interests of criminal suspects and defendants.The research of effective defense system has very important litigation significance and value.It is not only conducive to the improvement of the criminal procedure law system,the protection of the legitimate rights and interests of the criminal suspects and defendants,but also conducive to promoting the equal confrontation between the prosecution and the defense.This paper analyzes the realization of effective defense in China through four parts,and puts forward relevant solutions.The first part is mainly about the concept of effective defense system.The understanding of meaning and value is the key to understand a system.Compared with defense,effective defense has its own characteristics and litigation requirements.Analyzing the characteristics of effective defense in litigation activities is more helpful to understand the internal meaning of the system.Effective defense starts from the protection of the rights and interests of criminal suspects and defendants,emphasizes the role of lawyers in defense,which has the substantive value of preventing the occurrence of unjust,false and wrong cases,promotes equal confrontation between the prosecution and the defense,and helps to improve the procedural value of the Criminal Procedure Law system.The second part mainly makes a comparative study on the development and system construction of some foreign effective defense systems.Different cultural backgrounds and different litigation modes make different countries have different opinions on the application of effective defense system.No matter for the establishment of effective defense standard or the system guarantee of effective defense,it provides valuable experience for the improvement of effective defense in China.Based on the national conditions of our country,absorbing and learning from the development experience of other countries' effective defense system will contribute to the further development of our criminal defense system.The third part analyzes the obstacles to the realization of effective defense fromthe legislation and practice of effective defense in China.To some extent,the continuous improvement of legislation has promoted the development of the criminal defense system,but in practice,the exercise of the lawyer's right to defense has been hindered to some extent,and the problem of low quality of defense still exists.This paper analyzes the obstacles to the realization of effective defense in China from the following aspects: the model of criminal litigation,the positioning of the right of defense,the problems in the practice environment of criminal defense lawyers,the lack of defense quality system,the inadequate guarantee of lawyer practice and the imperfect legal aid system.The fourth part mainly discusses the realization of effective defense in Chinese context.To construct the realization path of the effective defense system,to establish the effective defense measurement standard,to establish the punishment mechanism of the invalid defense,and to punish and sanction the invalid defense behavior.We should actively promote the construction of the legal professional community in China,constantly improve the guarantee of lawyer's practice,standardize the standards of lawyer's practice,implement the legal aid system,and promote the establishment and improvement of the effective defense supporting mechanism.