A Study On The Conflict Between The Prosecuted And The Defence Lawyer

In judicial practice,it is not uncommon for defense conflicts between prosecuted persons and defense lawyers,but research on defense conflicts in academic circles is still very weak.With the formal establishment of the leniency system for confession and punishment,traditional defense conflicts have undergone some new changes.Therefore,it is necessary to further deepen the research on the defense of conflicts and promptly propose feasible solutions to new problems.This article starts with the connotation of defense conflict,systematically introduces and analyzes the characteristics,main types,formation causes,current settlement concepts and mechanisms and limitations of defense conflicts,and proposes the improvement of China’s defense conflict resolution mechanism based on foreign experience.Suggest.In addition to the introduction,the text is divided into five parts and the full text is 35,000 words.The first part is an overview of defense conflicts,including two parts: connotation and characteristics.Connotation part,the defense conflict studied in this article refers to the defendant and the defense lawyer Substantive differences in defense position or defense strategy.The characteristic part includes three aspects: main body,stage and content.On the subject,the two sides of the defense conflict focus on the accused and the defense lawyer;on the stage,it runs through the entire criminal proceedings;on the content,it exists widely in each stage of the proceedings.The second part is the types and causes of defense conflicts.The main type part combined with the leniency system of confession and confession,re-explained the conflict of defense position and defense strategy.The cause analysis partly summarizes the five reasons that lead to the defense conflict: the final decision of the defense affairs is not clear,the different standards of conduct of the defense lawyer and the respondent,the poor communication between the respondent and the defense lawyer,and the respondent and the defense lawyer are refusing Different configurations of the right to defense,misunderstanding of the independent defender’s theory.The third part is China’s defense conflict resolution mechanism and its limitations.First,it summarizes the current defense conflict resolution mechanism in China,including the correct interpretation of the independent defender theory,the defense conflict negotiation mechanism in the pretrial phase and the defense conflict negotiation mechanism in the trialphase.Secondly,it analyzes the limitations of the defense conflict resolution mechanism,including the limits of the independent defense of defense lawyers,the communication and negotiation mechanism,the adjournment consultation mechanism,and the withdrawal of the defense mechanism,and summarizes them into the traditional universal problems and the latest special problems.The fourth part is the extra-territorial inspection of the defense conflict resolution mechanism.This section consists of three parts.The first two sections start with the relationship between the respondent and the defense lawyer,and introduce and summarize the "party-led defense model" and "lawyer independent defense model".They mainly discuss the role of the defense lawyer,and the finality of the two parties.Issues such as the right to make decisions on matters of affairs,termination of the prosecution or defense lawyers,etc.Finally,compare and analyze the differences and commonalities between the two defense models,and provide suggestions for reference.The fifth part is the perfect suggestion of China’s defense conflict resolution mechanism.First,establish a limited independent defense model.In terms of role positioning,it is necessary to uphold the independence of the defense attorney and return to the professional nature;in the final decision of different matters,it is divided from the defense stand and defense strategy,the confession and punishment and the procedure selection.Second,build a defense conflict prevention mechanism.The advance communication and negotiation mechanism includes improving the existing consultative defense mechanism and strengthening the study of lawyers’ defense rights on duty.Finally,construct a defense conflict response mechanism.At the legislative level,the existing private network communication mechanism,the adjournment consultation mechanism,and the withdrawal defense mechanism should be appropriately adjusted in order to resolve the conflict of defense in practice.