Basic principles of criminal defense

The basic principles of criminal defense include justice, equality, interaction, cross-examination, independence, respect for the defendant's human rights and ensuring the fairness of judicial procedures.

2. Protection of human rights

In criminal proceedings, the defendant's rights protection, freedom, autonomy, personal dignity and other human rights are protected, and his right to seek freedom is inviolable.

3, the responsibility of the defense lawyer

The duty of the defense lawyer is to defend on behalf of the defendant's interests, and strive for the greatest legitimate interests of the defendant by using the quality of legal knowledge, honesty and professionalism.

4. Standard application of evidence

Evidence is a key factor in criminal proceedings and must be standardized, including verification, identification, appraisal and evaluation. The verification of evidence must be protected by legal procedures, and the appraisal institution should also ensure that the subjective and objective are not affected and conduct professional appraisal.

5, the legitimacy of the elements of will

The will elements of a contract need to be satisfied: freedom, clarity and truth. The contract is based on the agreement, and it must be the result of the free and consistent expression of will by both parties, otherwise the validity of the contract will not be effective.

6. Interpretation of terms

Generally speaking, the terms of the contract should be interpreted and implemented according to the understanding of both parties, not according to judicial practice. The actual intentions of both parties should be weighed and the common practices of related industries should be referred to.

7. Contract change

The change of the contract must be confirmed in writing on the basis of consensus between the two parties, which is the result of true intention expression.

8. Unfair competition

Infringements involved in commercial competition should be regarded as unfair competition, such as infringement of intellectual property rights, false propaganda and commercial bribery.

9. Scope of intellectual property rights

Intellectual property rights include patents, trademarks, copyrights and trade secrets. The exercise of these rights should respect the rules of market competition and be carried out according to law, and cannot violate the provisions of the Anti-Monopoly Law.

10, determination of infringement

The determination of infringement is mainly based on the fact of infringement of intellectual property rights, which is in line with the patent law. Trademark law, copyright law and anti-unfair competition law.