Research On The Realization Path Of Effective Defense

With the in-depth promotion of the full coverage of criminal defense,the basic protection of the right of the parties to obtain the help of lawyers.China from the parties have the right to defend to the basic realization of a lawyer for their defense,which is a greater progress.However,in practice,having a lawyer to defend does not mean that you can get an effective defense from a lawyer.Some lawyers due to their own professional ability is not strong,not due diligence and other factors,the quality of defense is not high,damage the legitimate rights and interests of the parties.At the same time,some of the lawyer’s right to practice are not fully protected,which makes the lawyer can not give full play to its professional level of defense,and the judge is also more difficult to adopt its defense views.The above problems seriously affect the quality of the lawyer’s defense,and are not conducive to the lawyer achieving effective defense.Therefore,from the current background of the basic right to help lawyers,how to achieve the effective help of lawyers is an urgent problem to be solved.In China,effective defense is currently only a concept,scholars on its specific connotation is still controversial,and the standard of effective defense is not clear.In this regard,the standard of effective defense should be further clarified: first,the subject is the lawyer;second,the lawyer is dutifully defend;third,the lawyer’s defense makes the defendant suffer the result of the crime and punishment;fourth,the specific circumstances that do not belong to the effective defense.After clarifying the criteria,it is necessary to further improve the quality of the lawyer’s defense,protect the exercise of the lawyer’s right to defense,and promote the realization of effective defense.The concept of effective defense has not been transformed into an effective defense system,both for the reasons of the parties and defense lawyers,and also for the reasons of the relevant judicial organs.In order to better eliminate the factors affecting the realization of effective defense,we should build an effective defense system that includes all parties,and establish the relevant supporting system for effective defense.