The counsel’s effective assistance is the most important spiritual support in the era of the lawyer. As a constitutional right, the function and value of the counsel’s effective assistance lie in the manifestation of the procedural justice and the protection of human rights. To comprehensively improve the counsel’s effective assistance, we need to fully understand the connotation and standard of the counsel’s effective assistance. Any conceptor system is based on the theory of its existence and logic. As a legal concept, the theoretical basis of the counsel’s effective assistance mainly includes procedural justice, presumption of innocence, human rights protection, litigation structure and so on. To deal with any invalid defense caused by the counsel’s incompetence, if it is in accordance with the “actual invalid” standard, we shall establish relief programs and procedural punishment, such as civil compensation or professional disciplinary consequences.