Investigation And Research On The System Of Full Coverage Of Defense Lawyers In Criminal Cases

In recent years,the system of full coverage of defense lawyers in criminal cases is a hot spot in the study of criminal legal aid in China.There exists a long-term problem in criminal defense.The defense rate is low.The pilot work of full coverage of defense lawyers in criminal cases has laid a foundation for the realization of "full coverage of criminal defense" and is another great progress in promoting the reform of the "trial-centered litigation system".As this system carries out in 2017,The scope of criminal legal aid has been expanded,and the status of the accused has been improved,but it is still difficult to compete with the powerful public prosecution organs.Many problems have been exposed in the process of practice,so it is necessary to discuss the problems existing in the trial of full coverage of lawyer defense in criminal cases from the legislative and judicial aspects,which is also the key to ensure equal confrontation between the accused and the defense,and to maintain procedural justice and substantive justice.The article is about the research in X city,Guangdong Province.In order to strengthen our country criminal law,the theory basis of defense for the whole system,a complete coverage of the criminal cases of a lawyer pilot work has carried on this investigation.It analyzes the current situation and existing problems of criminal legal aid,from criminal proceedings suggestions to perfect the theory and practice research.This article first summarizes the source and current situation of the full coverage of lawyer defense in criminal cases system,and puts forward the research method.Then it summarizes the concept of the system and relevant theoretical basis,and then concludes and analyzes the research results of the full coverage of lawyer defense in criminal cases system in X City,Guangdong Province.The full coverage of lawyer defense in criminal cases has requirements not only in the coverage breadth,but also in the quality of defense.There exists some problems in the full coverage of lawyer defense in criminal cases,such as narrow coverage,low effectiveness of defense and mere formality of legal help from duty lawyers.In the end,after combining with domestic and foreign experience,the article put forward: First,gradually expand the scope of the full coverage of lawyer defense in criminal cases,including the coverage from the trial stage forward to expand the scope of the recipients of assistance.Second,to improve the effectiveness of defense,including improving the effectiveness of the accused person’s defense,improving the effectiveness of the full coverage of lawyer defense in criminal cases,and improving lawyers’ right of investigation and evidence collection by drawing lessons from the system of lawyers’ investigation order in civil cases.Third,the legal status of the on-duty lawyer is clarified.The article suggests that the on-duty lawyer should be positioned as the defender,the legal aid funds of the on-duty lawyer should be guaranteed,and the supervisory function of the on-duty lawyer should be strengthened,so as to promote the balance of the positions of the accused and the defense.