On The Criminal Defense System

Modern Criminal procedure law admit that the defendant has the right of defending as a party,so the country should guarantee his chance to denial disadvantage accusations and influence the verdict.That nomocracy idea brings the Criminal defense system.The country pursues judicatory equity and democracy by law system,and the Criminal defense system is included.In a common opinion,Criminal defense is the action of rebutting and exculpation of the defendant,suspects and their paraclete to prove innocence,misdemeanor,mitigate or release punishment with the intention to protect their legal rights and interests.But the author thinks that Criminal defense is also the action to protect their procedural rights from aggrieving, which has not been included in commom ideas.So the right of defending is basic and necessary for the defendant and suspect as a constitutional right.Following this idea,the thesis on hand is divided into six chapters.Chapterâ… introduce the basic theory of Criminal defense.Starting with the concept and characters of Criminal defense system,this part discussing deeply its academic foundation and functions.The defender is an independent participant in criminal procedure,and his status will be enhanced with the developing of human rights.Finally,the thesis researches the defender's obligation.Chapterâ…¡will tell you the content of modern Criminal defense system. This part emphasizes criminal defense types of entity and procedure and their relationship.At last the right of defending is discussed in detail. In chapterâ…¢,the author introduces the history of Criminal defense system.The soul of Criminal defense system is safeguarding human rights. The development of democracy can drive Criminal defense system advancing.The history of Criminal defense system tells us that independence of paraclete profession influence this system.Chapterâ…£researches criminal defense systems of foreign countries and areas.The law and theory of Taiwan are introduced firstly,and then the criminal defense systems in other states are analysed.China is facing unexpected difficulties of catching the legislators unprepared.Chapterâ…¤presents the problems in Criminal defense system and criminal procedure practice of China,and analyses the reasons for procedure idea,structure,regulation,defending level etc.Chapterâ…¥researches how to amend Chinese criminal defense system.The author give an integrate advice,following which this part suggests to add regulations to strengthen guaranteeing the rights in nine aspects.