A Study On The Adoption Of Counsel’s Defense Opinions In The Trial Stage

To protect the legitimate rights and interests of criminal suspects and defendants and to exercise the right of defense of lawyers is an essential part of the reform of criminal defense system in China.As an important part of the litigation structure,defense lawyers’ full participation and effective protection of defense rights have always been the core issues of judicial reform.Reasonable defense opinions of lawyers are difficult to be adopted,which violates the requirements of substantive justice and procedural justice,and may lead to the atrophy of defense functions of lawyers.Despite of defense system of the criminal procedure law in 2012 has made a significant change to the lawyer to meet difficult,marking,investigation further solve the problems such as hard,but in the judicial practice,the prosecution dominated,judicial organ and the prosecution has a natural affinity,relationship between object proceedings,the defendant to a lawyer defending opinions are neglected,the importance of role in the fight against the indictment is difficult to realize,trial judges are more willing to listen to and adopt the Suggestions of the prosecution,the lawyer defending opinions adoption rates are low.In this regard,both the lawyers’ groups and legal experts call for more attention to the presentation of lawyers’ defense opinions,so as to ensure that the accused can obtain the defense of lawyers at all stages of litigation.It is an important barrier to realize judicial justice to adopt the true and sufficient defense opinions,which can protect the legal rights and interests of the person being prosecuted to the greatest extent,and is the outcome factor to promote the realization of effective defense.For the accused,defense lawyer as his "face",defense opinions are not adopted,will be borne by the defendant adverse consequences,defense opinions adopted problem side reflects the extent of the realization of the right to defend lawyer,the state under the rule of law level and the situation of human rights,become the new era symbol of democratization and scientific process of criminal proceedings.Therefore,it is of practical and theoretical significance to study the adoption of lawyers’ defense opinions in the trial stage.The article is divided into five parts,which are as follows:Part I: introduction.This paper mainly discusses the reasons of the topic,the significance of the research,the research status and the research methods.The second part: the brief of the case and the analysis of the dispute focus.This paper summarizes the three typical cases published by the Chinese judicial document network and the handle case network,and summarizes the focus problems in the adoption of lawyers’ defense opinions in the three cases.The feedback mechanism of defense opinion is not perfect and some judges are unwilling to give feedback and reason for the adoption of defense opinion.There is ambiguity in the interpretation of the standard of defense opinions adopted,and the two sides of the trial and defense have different understandings on whether the defense opinions reached the standard of adoption.Part three: Legal analysis of cases.This part mainly combines specific cases to carry out legal analysis on the adoption of lawyers’ defense opinions,and summarizes the connotation of defense opinions hearing,the problems existing in the operation of defense opinions hearing mechanism and the theoretical basis of defense opinions hearing.The basic connotation of defense feedback reasoning,the problems existing in the operation of defense feedback reasoning mechanism and its practical value;The content of the standard of defense opinion adoption,the theoretical basis and practical value of the standard of defense opinion adoption.Part four: conclusions and implications.Through the above legal analysis of the related issues,draw conclusions and Revelations of the focal point,aiming at imperfect defense mechanism of hearing problems,judge should build up the idea of paying equal attention to fair value and efficiency value,attaches great importance to the lawyer,and to achieve the retrial and judge responsibility with the combination of relief,security defense opinions to listen to;To solve the problem that the feedback mechanism of defense opinion is not perfect,the defense opinion feedback reasoning law can be established from the legislative level,including the judge’s failure to give feedback reasoning responsibility and the defense lawyer’s independent appeal right.In order to solve the problem of ambiguity in the understanding of the adoption standard of defense opinion,we can establish a system of elements of the adoption standard of defense opinion and an independent evaluation institution,so as to make clear the adoption standard of defense opinion and the evaluation institution.Part five: conclusion.This part summarizes the viewpoints of this paper,and hopes that the defense opinions of lawyers can be valued and adopted in the trial stage,and the relevant laws and regulations can be improved.