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Localization Research Of Public Defender System Under The Background Of Full Coverage Of Criminal Defense

Posted on:2022-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z DuFull Text:PDF
GTID:2516306722477464Subject:Law
Abstract/Summary:PDF Full Text Request
With the gradual improvement of the human rights judicial protection mechanism,the concept of human rights continues to take root in the hearts of the people.How to achieve full coverage of criminal defense has become one of the most eagerly discussed topics in the current criminal justice system.The public defender system,as the main criminal legal aid model currently existing in the world,has demonstrated its many advantages in the protection of criminal defense rights in the theoretical exploration and practical results of other countries and regions.In the context of the new round of criminal procedure law reform and the implementation of the full coverage policy of criminal legal aid,in order to improve the protection system of criminal defense rights,implement the principles of judicial justice and human rights protection,besides,to make up the shortage in cost control,talent development and insufficient supervision and protection of current system,the public defender system has returned to the public’s field of vision.The public defender system has been operating in the United States for a century.As the most important criminal legal aid model in the United States,it undertakes most of the tasks of criminal legal aid cases.It can provide reference for countries around the world with its efficient operation mode and powerful supervision model.The United Kingdom has always used private lawyer defense as its tradition.In order to comply with the trend of gradually expanding the coverage of lawyer’s defense rights,pilot projects have been carried out in multiple locations.A diversified assistance model has been formed in which the two are parallel.The public defender system in Taiwan has been in operation for a long time,and after abolition and improvement,it still maintains its “vitality”.After reform and innovation,the private lawyer model and the public defender system have their respective advantages,made up for their respective shortcomings,and achieved healthy competition.The establishment of the public lawyer system in Japan also provides experience for the establishment of a professional criminal defense team in my country.The selection methods and procedures of public lawyers provide reference for the establishment of a public defender system in my country.The reason why the public defender system is favored by many countries and regions is that the system has irreplaceable advantages in the field of criminal legal aid.First of all,the operating cost of the public defender system is far lower than other aid models.The Office of the Public Defender,as a government functional department,is supported by the state finances,which determines its efficient operation and controllable costs.Secondly,the public defender system has a complete supervision mechanism.Whether it is the distribution of cases or the handling of specific cases,the public defender system has an internal and external dual management mechanism,and has formulated detailed guidelines to strictly control the quality of cases.In addition,the public defender system has set high access standards and formed a team of defenders with superb defense capabilities and rich experience to ensure that the defendant receives high-quality defense services from the source of service.Because the public defender system has advantages unmatched by other criminal legal aid models,it can span two major legal systems and be widely used worldwide.This article starts with the realization of the localization of the public defender system under the background of full coverage of criminal defense,and conducts a comparative study with my country’s criminal legal aid model by examining the implementation of the public defender system in common law countries.Analyze the differences in ideology and political systems of various countries and regions,reflect on the theoretical research results of our country’s criminal legal aid system and the practice status of the pilot public defender system,and further analyze the necessity and feasibility of the full implementation of this system in my country.Therefore,the idea of constructing a public defender system for the purpose of achieving full coverage of criminal defense is proposed.
Keywords/Search Tags:public defender, criminal defense right, full coverage policy of criminal legal aid, public defender system
PDF Full Text Request
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