The Dilemma And Solution Of The Effective Defense In The Perspective Of "Trial-centered"

The Fourth Plenary Session of the Eighteenth Central Committee of the Party put forward that "it is necessary to push forward the reform of the litigation system which focuses on the trial." This requirement is not only for the core of criminal proceedings,but also for strengthening the protection of the main body of litigation."trial-centered" litigation model requirements would be adapted only if we realized the problems correctly and solve them in criminal defense.It is an important factor that whether the criminal suspects and defendants can obtain the effective defense of the lawyers in the improvement process of the defense system.Therefore,in the background of the current litigation system reform,it is necessary to study the effective defense.The present practice of criminal justice in our country highlights the importance of effective defense.It can be seen that the origin of effective defense protects the right of suspects and defendants to be defended.Therefore,effective defense is a typical manifestation of human rights,presumption of innocence,and the effective protection of the main position of suspects and defendants.In terms of theoretical value,effective defense has the value of discovering the truth,ensuring the legitimacy of the procedure and maintaining the justice of the justice.It can be seen that the effective defense in our country is closely related to the reform of the litigation system which centered on the trial.The effective defense is the inevitable requirement of propelling the "trial-centered" mode.The reform of the "trial-centered" litigation system is an important guarantee of effective defense.Under the vision of "trial-centered",institutional dilemma of the effective defense is the principle of coordination in public security organs deviating from the center of the trial.Moreover,the participation of the trial committee weaken the nature of the trial and the supervisory function of the procuratorial organs weakens the independence of the trial.The institutional dilemma result from our young judicial system,theparticularity of the operation mechanism of the trial committee and the improper use of the procuratorial supervision power.The practical dilemma faced is the low defense rate of and the low quality of defense.The solution of the system dilemma needs to strengthen the public security law,weaken the function of the committee,standardize the supervision of the procuratorial organs,and improve the system of evidence referee.To deal with the practical dilemma,on the one hand,we should fully aware of the right to defense,expand the scope cases of compulsory defense,make the defense throughout the three stages of litigation.Using these three solutions improves the number of defense.On the other hand,four aspects should be focused to improve the quality of defense: improving of the basic requirements of lawyers,strengthening the management of lawyers,protecting the right of lawyers,ensuring the key rights of defendants.Besides,it is necessary to establish a relief system for criminal suspects and defendants and improve the defense lawyer relief system to promote the supporting measures.