Study On Effective Defense In Death Penaity Cases

With the continuous improvement of China’s criminal legislation and judicial environment,China is gradually moving towards the goal of achieving full defense coverage,and the role of lawyers in criminal proceedings is constantly being given new meaning.After the inclusion of legal aid in the death penalty review process,China’s theoretical and practical circles began to pay further attention to the quality of defense in death penalty cases,and the discussion on effective defense in death penalty cases reached a new stage.Through empirical research,it is found that in practice,the effectiveness of defense in death penalty cases in China is not satisfactory,specifically: the effectiveness of defense in death penalty cases in general proceedings is limited,and the effectiveness of defense by lawyers in death penalty review proceedings is also not obvious.The main reasons for this are: the courts do not attach enough importance to defense opinions;the lack of qualification of defense lawyers in death penalty cases and the restrictions on the exercise of rights by defense lawyers combine to make it difficult for defense lawyers to play their role fully;the lack of defense standards and assessment of the quality of defense in death penalty cases makes it difficult to achieve effective defense in death penalty cases in China.By sorting out the relevant systems of defense in death penalty cases in some countries and regions,and by observing the current legislative and judicial status of effective defense in death penalty cases in China,this paper attempts to propose relevant initiatives for the realization of effective defense in death penalty cases in China.Firstly,to guide the courts to attach importance to defense opinions.Secondly,to improve the quality of defense in death penalty cases by improving the qualifications of defense lawyers and safeguarding the rights of practising lawyers.Finally,this paper attempts to draw on the experience of criminal defense in other countries,focusing on the defense standards of death penalty cases in the United States,to provide inspiration for China to establish effective defense standards and a defense quality assessment mechanism for death penalty cases,strengthen the right of defense of the pursued person in death penalty cases,and achieve the judicial goal of respecting and safeguarding human rights.