| Having been put into practice for seven years, the《Criminal Procedure Law Of The People's Republic Of China》which was modified in 1996 proves to have brought positive effection on the criminal judicial justice. Meanwhile, it has also exposed some defects. These defects focus on the legislation of criminal advocacy and judicial practice.The theory of "Rule by Law" of our country is promoting the judicial reform to move towards justice and efficiency. After China entered the WTO, the reform of criminal advocacy on legislation and judicature requires urgenter actions. The reason why I use 《Theory of Criminal Advocacy and Study of Practice》as the topic of my thesis for my LL D degree is not only because I have a great interest in the criminal advocacy but also because I hope this thesis can provide some valuable proposals about criminal advocacy the may help in reforming and perfecting the criminal procedure.In order to combine the law of development of the criminal advocacy with the thesis' topic properly, the whole thesis is divided into two parts: The first part: Basic Theory of Criminal Advocacy; The second part: Practice of Criminal Advocacy.Part One contains three chapters:Chapter 1: Rational Analyses of Concept of Criminal Advocacy. This chapter mainly compares and analyzes the definations of criminal advocacy of the internal and external experts who hold the different points of view and then gives the comments. Furthermore, in order to reveal the true attribution of criminal advocacy, it gives a new defination of criminal advocacy, in other words, it studies the nature of criminal from the legislative spirit of protection of human rights in criminal procedure and it also promotes people's knowledge about criminal procedure o a higher degree--the knowledge about the protection of human rights therefore it helps people understand the law and political meanings of criminal advocacy in a deep degree and teach peole to respect the human and procedural rights of the suspects and the accused, in that case, our system of criminal advocacy will be ensured to work normally and efficiently. In the section about criminal advocacy, the thesis mainly emphasizes the confrontational feature of criminal advocacy and modifies the negative knowledge which considers the defensive feature as the feature of criminal advocacy so that it can encourage the defenders to exericise their rights actively and use the offensive fuction of advocacy better the confront with the accuser and defend the legal benefit and dignity of the ligigants. In the section: Forms of Criminal Advocacy mainly criticizes the defects which still exist and unscientific aspects of systemof defence and also provides proposals for reforming and perfecting. It especially expounds the important legal meaningof procedural defence. In criminal defense, we should treat the substaintial defence and procedural defence equally and correct the wrong idea which value substaintial defence and ignores procedural defence. THis section leads people to value the functions of procedural law and establish a juditial principle of "Justice of Procedure" in order that the legislative of criminal advocacy can be ensured to be put into practice.Chapter 2: Rights of Advocacy. This chapter mainly divide the rights of procedure with some advocacy features of the suspects, the accused and defenders in legislation into several different kinds of rights of advocacy by the ower of rights, different stages of exercise of rights and the different functions of each right as well. For instance, preparative advocacy, limitative advocacy, refutatory advocacy, succoury advocacy and so on. This classification enables people to master the functions of procedure of various rights of advocacy and the purposes of using rights of advocacy and the purpose of using rights clearly so that they can exercise the rights of procedure perfectly and efficiently, and it also helps the systemof advocacy work normally.Chapter 3: Theoretical Basis of Criminal Advocacy On Law.This chapte...
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