The Realization Of Lawyers’ Effective Defense From The Perspective Of "Trial-centered"

The realization of "trial centered" through the substantiation of court trial has played an irreplaceable role in optimizing the allocation of litigation procedures in China.Among them,ensuring the effectiveness of lawyers’ defense is one of its core meanings.However,in judicial practice,China has not established the standard of effective defense,so it is difficult to judge whether lawyers’ defense behavior is effective.This paper studies the standards of effective defense in the United States and Britain,draws lessons from their useful experience,and establishes a set of feasible effective defense standards from the perspective of "trial centered".On this basis,under the background of the litigation system reform of "trial centered",this paper discusses the difficulties faced by China in realizing effective defense,and improves effective defense,Make lawyers give full play to their defense role in the litigation process and promote the realization of the substantiation of the court trial.The full text is divided into five parts:The first chapter is the introduction,which introduces the research background and significance of lawyers’ effective defense,summarizes the literature at home and abroad,summarizes the shortcomings of existing research,and defines the research direction.In the second chapter,after explaining the connotation and goal of the reform of the litigation system centered on trial,the concept of lawyers’ effective defense and the guarantee respectively,the relationship between the two is analyzed to lay the foundation for the following research.In the third chapter,the standards of effective defense are expounded,by summarizing the standards of effective defense in the United States and the UK,and analyzing a set of effective defense standards suitable for China’s national conditions,so as to promote the substance of the trial.Chapter 4,to establish the effective defense standard for the analysis framework,summarizes the perspective of "trial as the center" lawyer defense problems in the effect,the analysis of the current lawyer defense practice problems and deficiencies,including the lawyer right is limited,marking,investigation,lawyers defense opinion is difficult to be adopted,the court meeting is low,trial cross-examination,poor direct speech principle,etc.Chapter V proposes the ways to improve the effective defense of lawyers,including ensuring the rights of the suspects and defendants,improving the mechanism,improving the system of pretrial meeting,ensuring the full cross-examination of lawyers,improving the quality of lawyers,establishing the evaluation mechanism of the effective defense of lawyers and improving the relief mechanism of the lawyers.