On The Effectiveness Of Safeguard Of The Right To Defense In The Procedure Of Investigation In Our Country

The right to defense is a most fundamental and important right in criminal proceedings which was endowed to criminal suspects, defendants and the defenders by the Constitution and the law. Right is not only a concept, but also a system. When talking about rights, it is to say that one has some kind of qualification, benefit, power or proposition that shall not be infringed and interfered by others. The realizing of the exercising of the criminal suspects' full, effective right to defense must relay on the the procedure and the safeguard mechanism set up by the law. At present there is still a gap between our country's safeguard to the right to defense of the criminal suspects and the more developed countries' of the world in investigation procedures. Because of the two thousand years of feudal rule, the traditional "heavy blow, light protection" concept of criminal proceedings is deep-rooted. And our judicial practice of extended detention, extortion of confession by torture and some other illegal infringements to the right of defense of criminal suspects is long-term existed. The lack of certain mechanism of review and control, the unclearness of the defense status of lawyer in the detection stage, the incapability of exercising the lawyer's responsibilities of defense and oversight and the absence of national law aid system etc. make it difficulty for the criminal suspects to exercise the right of defense effectively. This article carries on thoroughly analysis and discussion on the significance and standards of effective protection to the right of defense and the cause of some related problems with the starting point of perfecting and improving the effective security mechanism of the right to defense in the investigation process in our country, coupled with the description and analysis of the effective safeguard issues of the right to defense of criminal suspects in the investigation stage in our country. On this basis legislative proposals, strengthening the judicial review of measures, distributing the jurisdiction reasonably, establishing the rule of illegal evidence exclusion and the right to be silent, ensuring the lawyer's defender status of in the investigation stage and perfecting the national legal aid system etc. are suggested to make sure that the criminal suspects can exercise the right to defense in the investigation stage effectively and to protect the legal right to defense of the criminal suspects from infringing.