An Empirical Study On The Full Coverage Of Criminal Defense In China

After nearly 5 years of practical testing,we affirm the effect achieved by the full coverage of criminal defense,but in the meantime,we should also be aware of the practical problems exposed by the full coverage of criminal defense at this stage so that we can solve them effectively.Through data sorting and analysis,questionnaire survey,written interviews and other methods,this paper conducts an empirical investigation on the current status of the operation of full coverage of criminal defense,in order to find out the practical problems that need to be improved and put forward specific improvements based on the causes of them.Through these efforts,we hope that we can make a modest contribution to our country’s judicial practice.In addition to the introduction,conclusion and appendix,this paper has four parts.The historical evolution of the full coverage of criminal defense in China is the main content of the first part.It mainly includes three aspects,one is to sort out the relevant exploration and development process of full coverage of criminal defense since the founding of our country;the other is to summarize the preliminary results of the pilot work of full coverage of criminal defense from the perspectives of defense practice,human rights protection,and judicial justice.The third is to expound the supposed state of full coverage of criminal defense,and clarify the goals that need to be achieved by full coverage of criminal defense.The second part is the empirical investigation of the full coverage of criminal defense in China.The author through macro perspective to update,sort out and analyze the existing data of the national pilots.An empirical investigation was carried out in N city of Henan province,and the real data such as the questionnaire results and interview transcripts were summarized and sorted out.The author conducts an empirical investigation through two different kinds of points in order to objectively reflect the current situation of the full coverage of criminal defense to the greatest extent.The third part analyzes the problem of full coverage of criminal defense.Combined with the relevant results of empirical investigation,the author analyzes the real problem in the current operation of full coverage of criminal defense from four aspects: “insufficient realistic protection”,“narrow coverage”,“poor defense quality”,and “ineffective implementation”.Then this part will also summarize and analyze the reasons for these problems.The suggestions to improving the full coverage of criminal defense mainly focus on the fourth part.Firstly,solving the shortage of practical guarantees by increasing the publicity of comprehensive coverage,realizing the diversified supply of lawyer resources,and increasing legal aid funds;secondly,solving the problem of narrow coverage by gradually expanding the recipients and extending the coverage stage forward;thirdly,building a criminal defense access and exit mechanism,introducing an effective defense concept,and establishing a quality assessment and reward and punishment mechanism to solve the problem of poor defense quality.Finally,solving the problem of poor implementation by implementing the duty of disclosure,matching the rights and responsibilities of duty lawyers,and establishing efficient inter-departmental linkages.