Research On The Realization Path Of Lawyer’s Effective Defense

As the basis and prerequisite for the construction of the defense system in criminal proceedings,obtaining a defense is the most basic litigation right of the prosecutor.The defense system is an important part of the legal system of a country under the rule of law.Its soundness and perfection symbolize the scientific and democratic process of a country’s criminal procedure.It is also the constitutional principle that criminal suspects and defendants have the right to be defended by lawyers.The specific performance of the provisions in criminal proceedings.In the current international context,many countries have adopted constitutions or international human rights conventions to protect the defendant’s right to defense.my country’s Criminal Procedure Law has been revised three times,and has made great strides in protecting the rights of criminal suspects and defendants.With the progress of the law,the defense rights enjoyed by lawyers have been expanded,and the rights protection mechanism has been further improved.The development of criminal litigation is changing from the defendant’s right to receive the help of a lawyer to the defendant’s right to receive the effective help of a lawyer.The realization of effective defense is of great significance for promoting equal confrontation between the prosecution and the defense,achieving judicial justice,and promoting the development of the lawyer industry.The establishment and improvement of an effective defense system in our country will not only help implement the protection of the lawful rights and interests of the prosecuted,but also exert a positive and realistic influence in such aspects as fair trials.This article first starts from the connotation of effective defense,and forms its own point of view after sorting out the different identifications of the connotation of effective defense by many domestic scholars,and then further examines the effective defense system of major countries in the common law system and the civil law system,especially the effective defense system in the United States.The defense system,after years of development,has a mature theoretical system and a complete legislative system,which is of great reference value for the effective defense of lawyers in the initial stage of development in my country.Although my country’s defense system has developed rapidly in recent years,it is necessary to face up to some of the problems in the effective defense of lawyers in our country.For example,the "trilemma" in the exercise of the lawyer’s defense rights is difficult to meet,difficult to read,and difficult to investigate and collect evidence.Solve the problem of the poor practice environment of defense lawyers and the uneven professional ability of defense lawyers.After analyzing the current situation and shortcomings faced by Chinese lawyers’ effective defense,this article puts forward corresponding suggestions for improvement,including improving the lawyer’s practice rights protection system,establishing a defense quality control system,improving supporting mechanisms for effective defense,and improving defense Several technical suggestions for quality.