Research on the System of Effective Criminal Defense

Abstract

This article, based on the current state of China’s criminal procedure system and with a focus on improving the quality of criminal defense, explores the construction of an effective defense system tailored to China’s national context by incorporating international concepts of effective defense and practices of ineffective defense systems from other jurisdictions. By analyzing the concept of effective defense and its procedural and substantive values, the article identifies issues in China’s existing criminal defense system, particularly regarding lawyers’ visitation rights, access to case files, and the role of duty lawyers. The article argues that introducing the principle of effective defense and establishing an ineffective defense system with clear standards for lawyers’ performance and remedial mechanisms are essential steps in improving China’s criminal defense framework. Moreover, ensuring the protection of lawyers’ rights is a crucial prerequisite for achieving effective defense. Through the institutionalization of the effective defense concept, the article aims to enhance the fairness and authority of China’s criminal procedure system, thereby advancing the high-quality development of the rule of law.