Abstract

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Title:: On Effective Defense in Legal Aid: A Comparative Analysis with Entrusted Defense

Keywords:: legal aid; effective defense; duty lawyer; public defender; invalid defense

Abstract:: There are fundamental differences between legal aid and entrusted defense in terms of occurrence basis and value orientation. Therefore, the emphasis and realization of effective defense are also different, which should be studied separately. Entrusted defense is based on contract and guided by interests. The definition of effective defense should be “the defense that satisfies the client”, which can be achieved under regulation of the market with the condition of open information. Legal aid is based on government assignment and guided by obligation. Therefore, the effective defense should be “due diligence defense”. The way to realize effective defense depends on the effective supervision of the government and the further improvement of the legal aid system.