Promoting effective defense is an important direction for the development of the defense system in the fu-ture,of which improving the effectiveness of not-guilty defense is an indispensable part.Based on the empirical research of judgment documents,the not-guilty defense in the trial stage is faced with practical problems,such as being restricted by the defense subject,rigid defense mode,and difficulty in adopting defense opinions,and there is a deep gap from the ideal effective defense.The possible underlining causes may include the lack of motivation for not-guilty defense,incompetence of defense lawyers to investigate and collect evidence,superficial process of presenting and debating evidence in the court,and the obstruction of the communication and feedback channels for the opinions of the not-guilty defense.In the context of the trial-centered judicial system reform,the principle of effective defense should be followed to improve the quality of not-guilty defense.On the one hand,by enhancing internal motivation and eliminating external resistance,the willingness of not-guilty defense can be raised;on the other hand,we can also move forward the intervention time of not-guilty defense,give full play to the role of judges in the process of guidance and feedback in the trial process,and support the process with well-functioning evaluation system and incentive mechanism for the effectiveness of not-guilty defense.
effective defensenot-guilty verdictinvestigation and evidence collectioncourt cross-examination
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