Research On Effective Defense From The Perspective Of Trial Centralism

With the improvement and development of criminal litigation system,China raises higher requirements for the quality of criminal defense,and effective defense becomes the rational goal of criminal defense pursuit.However,influenced by the traditional judicial concept of "emphasizing entity and light procedure","emphasizing strike and light protection",there are still some problems in the defense of criminal cases that affect the realization of effective defense.By studying the development and application of the effective principles of defense outside the domain,we can see that the principle of effective defense is helpful to guarantee the full realization of the right of defense,and is the key to improving the quality of criminal defense.It is necessary for China to introduce the concept of effective defense to ensure the full realization of the right to defense.We should,based on the basis of China ’s basic national conditions,learn from the experience of effective defense development of countries,and promote the improvement of China’ s criminal defense system with the principle of effective defense.Therefore,it is necessary to study how to promote the realization of our effective defense in the background of "trial-centered".This paper first expounds the basic theory of effective defense,and analyzes the concept,characteristics and internal correlation of both,aiming to construct the theoretical basis for this paper.Secondly,the main problems in China’s criminal defense are analyzed.On this basis,the main problems such as the construction of imperfect judicial system,the limited practice right of defense lawyers,the insufficient ability of some defense lawyers,and the lack of effective evaluation mechanism of lawyers,which affect the realization of effective defense.In addition,the effective defense system of countries outside the region is discussed,and this part mainly analyzes the provisions of the United States and Germany on the effective defense system,and draws on the actual situation of China.Finally,in the background of "trial as the center",solution measures are put forward for the problems existing in China ’s criminal defense in China,and hope to promote the realization of effective defense by implementing the concept of trial as the center,improving the quality and participation of lawyers’ defense,and improving the evaluation and supervision system of effective defense.