TITLE:
The Redescription of the Full Coverage of “Lawyer’s Defense” in Criminal Cases
AUTHORS:
Hong Yang
KEYWORDS:
Lawyer’s Defense, Legal Assistance, Not Worthy of the Name, Full Coverage of Legal Aid
JOURNAL NAME:
Open Journal of Social Sciences,
Vol.8 No.11,
November
24,
2020
ABSTRACT: In October 2017, since China has implemented full coverage of lawyers’ defense in criminal cases on a pilot basis in eight provinces and cities, the term for full coverage of lawyer defense in criminal cases has become a high-frequency word. However, if carefully studying the two paths proposed by the Chinese Supreme People’s court, one would find that the full coverage of lawyer’s defense in criminal cases is not real “full coverage of lawyer’s defense”, because the “legal assistance” of lawyers on duty is not “lawyer’s defense”. Restricted by the number of lawyers and the growth limit of the financial input in criminal legal aid, and considering the applicable conditions and the court trial mode of the rapid judgment procedure, China has neither the conditions nor the necessity to implement the full coverage of “lawyer defense” in the trial stage. So we should replace “full coverage of lawyers’ defense” with “full coverage of legal aid”.