A Study On The Effective Defense Of Lawyers Under The System Of Guilty Recognition And Punishment

In order to improve judicial efficiency,save judicial resources and separation of complicated and simple criminal cases,the defendant chooses to plead guilty in order to get leniency in more and more cases.In this context,the role defense increasingly prominent.Therefore,it is of great significance to discuss the standard of effective defense and the proper way for lawyers to realize effective defense in the case of guilty plea in which the focus of defense activities shifts to the procedure and the main feature is negotiation defense.Combined with the invalid defense system in various countries and various theories of effective defense standard in China,whether the lawyer’s defense achieves the expected effect and whether the lawyer’s behavior is due to his duty are the preconditions for judging whether the lawyer has defended effectively in each theory.This paper holds that the effective defense in the case of guilty plea refers to: 1,the lawyer has realized the due diligence defense in each link,avoided the behavior defect,and tried to pursue the benefit maximization result in the negotiation of leniency.We should grasp the difference between due diligence defense and effective defense,and regard due diligence defense as the normal state of lawyers’ defense and the necessary way for lawyers to realize effective defense.2,effective defense,that is,to achieve the desired effect.Stop the invalid defense behavior of lawyers in time,let the accused get new effective defense in time,and investigate the responsibility of the invalid defense of lawyers,let the accused get compensation at the same time,urge the lawyers to provide effective defense,and strive to achieve the best effect of defense.This paper first discusses the value of introducing effective defense in the case of guilty plea under the background of complicated and simple separation.Secondly,through the foreign standards and domestic scholars to the effective defense of the issue of discussion,discusses the case of guilty plea should be effective defense standards.Finally,this paper analyzes the ways to perfect the effective defense system of guilty plea cases in China from four aspects: relieving effective defense,perfecting the system of on-duty lawyer,strengthening the professional level of on-duty lawyer,and strengthening the obligation of state organs to guarantee effective defense procedures.