Research On Effective Defense In Death Penalty Cases

As a part of the three major structures of criminal proceedings,criminal defense is one of the important contents of China’s judicial system reform.Defense is conducive to the protection of human rights and the maintenance of judicial justice.Through continuous improvement of legislation,China effectively guarantees that every criminal case has defense,so as to achieve the goal of full coverage of defense.Death penalty,as the most severe punishment,should be emphasized in the trial of the accused person’s right to defense,China has realized the death penalty cases in the general procedure of compulsory defense.But being defended does not mean being "effectively" defended.Judging from the trial practice of death penalty cases in China in the past 20 years,although the defense is very important to the defendant,the defense is still far from effective.Through in-depth investigation,we can see that there are many problems in the defense of death penalty cases,such as high demand for legal aid,single defense reason,and low influence of defense opinion on the judgment.The importance of the death penalty defense lies in that an individual’s life is only once.If the defendant’s inadequate exercise of the right to defense leads to a miscarriage of justice,the individual’s life will immediately disappear and cannot be turned back.At present,China’s criminal defense has solved the problem of low defense rate in death penalty cases,how to transition from the accused to the "effective defense" is an urgent problem for the criminal rule of law to solve.Our country academic circles on this issue also conducted many research,this article has carefully combed the present domestic and foreign in the death penalty case guarantees the effective defense realization each system,combined with China`s judicial trial practice,this paper summarizes the deficiencies in the effective defense of death penalty cases in China.Based on the experience of effective defense abroad,it is concluded that the multi-image system is needed to realize the effective defense in death penalty cases in China.The first is the improvement of the judicial environment.The landing of a system requires other institutional foundations to guarantee it.The concept of effective defense has not been popularized within the judicial system,so it is impossible to realize it.Secondly,in view of the problem of insufficient personal qualifications of lawyers,it is proposed to establish a qualification admission system for defense lawyers in death penalty cases in China,in order to effectively improve the overall level of defense lawyers.Finally,by perfecting the legal aid system of our country,we should strength the defense right of the pursued person in the death penalty case in essence,and guarantee the correct application of the death penalty.