Whther it is based on the basic requirements of the party and state policy, or based on the pursuit of the essence of the spirit of protecting human rights, criminal defense effectiveness is a practice to solve and important problem in theory have to consider.
The current study are "cookie-cutter" to defend the effectiveness of implementation in the hope of improvement of the system of criminal procedural law on defense.
Although the effects of related program design is an important factor in achieving effectiveness to defend, in today's defense system is increasingly perfect, defense effectiveness problem especially criminal entity effectiveness is cured, the most fundamental problem actually lies not in the program system is imperfect,
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It is divided into four parts, A total of more than forty thousand words.
The first part is the basic definition of "the effectiveness of criminal entity defense , ",and it is the logical starting point.
Mainly analyzes the concept of criminal entity defense and based on the object of litigation,it into "physical innocence", "solid defense of the crime" and as an independent defense form of "sentencing defense" three kinds, While combing the criminal and criminal procedure defense five points difference.
On the basis of a clear definition of the concept and standards about defense effectiveness
To compare" Effective Defense " and "defense effectiveness" two approximate concepts
And then systematically explain the concept of the effectiveness of criminal entity defense
And take the behavior standards and results as the criminal entity effectiveness judgment standard
To make essential basic preparing for research of next part The second is an investigation on the validity of the defense of criminal entity,is is a part of find
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In particular ,ignoring the guiding role of the principle of statutory crime and suiting punishment to crime ,and not sure about the composition of the crime and not sure about the composition of the crime and understanding of sentencing plot is not clear is the main reason of some problems in the qualitative defense and sentencing defense like the strategy and the demonstration is not suitable、and the adoption rates is low.
The fourth part is the “choice of the path that protect the effectiveness of of the defense of criminal entity”.It is the basic theoretical part
This part provides the theoretical support for the lack of validity of the defense of criminal entity