The Plight and Solution Concerning Hearing and Adopting Lawyer’s Defense

Xiaohong WANG

Abstract


The revised Criminal Procedure Law strengthens the participation of defense lawyer in criminal proceedings, clarifies that during the stages of investigation, arrest, before conclusion of investigation, prosecution, pretrial conference, trial and death penalty review defense lawyer’s views should be heard in order to protect human rights, avoiding making wrong judgments and build an equal criminal procedural structure of prosecution and defense. For the phenomena that formality has been gone through in listening to defense lawyer’s views and it is difficult to adopt lawyer’s rational defense in judicial practice, public security officers and judicial officers should change the idea of “underestimating defense”, give defense lawyer the right to the information, pay equal attention to lawyer’s substantive defense and procedural defense, achieve reasoning in judgment documents, give clear responses to defense opinions, establish appropriate support mechanisms to provide protection for defense lawyer to express opinions.

Keywords


Defense lawyer; Defense opinion; Criminal misjudged case; Protection of human rights; Public security

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References


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DOI: http://dx.doi.org/10.3968/%25x

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