|
The defendant has the right to defense , the basic norms of the Criminal has been established in the world , in our Constitution , the Code of Criminal Procedure also provides for the people's court an obligation to guarantee the accused the right to defend . However , how to protect the suspect , the defendant access to quality defense , how to determine the quality standards of the criminal defense , we need relief for those who do not get real effective defense of criminal suspects , the accused ? Our laws are not clearly defined, and these are precisely the essence of this principle , \This topic will be the first effective defense meaning of the principles , theoretical basis as a starting point , described in detail the meaning and significance of the defense and the right of defense , has defined the concept of the principle of effective defense , discusses the concept of an effective defense base and target . Then , combined with foreign countries , especially the United States , the legislative situation on the principle of effective defense , as well as an effective defense a concrete manifestation of the principles of international conventions such as \briefly some civil law countries , the principle of effective defense legislation typical of their respective focus . Then , in the third part of the paper , the author discusses the Criminal defense of the status quo on the basis of analysis of the impact of the suspect, the defendant in the current judicial practice in China to obtain an effective defense . The fourth part of the article , the author attempts to reasons based on the above analysis , will be divided into the basic system building and supporting system discussed in two major aspects to perfect the concept of an effective defense system , with reference to abroad, especially in the United States is invalid defense system , lawyers monopoly criminal defense system , evidence Discovery System , duty counsel system , and Criminal Procedure actual combination , the perfect response .
|