The Improvement Of China's Defense System

Criminal defense refers to litigious activities of the defendants under criminal accusation and their defense counsels to contradict the accusations against them according to law and provide legal and factual evidence and opinions in favor of their own side. Criminal justice is to limit or deprive a person charged with criminal offenses for the purpose of certain rights. Therefore, in the criminal proceedings, we should take measures to prevent the legitimate interests of the accused from illegal violating.China's criminal defense system has undergone a tortuous course of development. So far there are still many problems. Some of them have seriously hindered the process of judicial reform, judicial impartiality of the judiciary's image. We must improve the defense system without delay. Compared to some countries with perfect law system, we must recognize that there are still many shortcomings of China's defense system, form example, the right to counsel investigation and evidence collection, marking the right to meet with the right to litigation, such rights are not guaranteed The imperfect legal aid system has severely affected the court investigation and the quality of the debate. In addition, although the lawyer can intervene in the proceedings in advance, ahead of time to hire counsel to submit the case to prosecutors from the date of prosecution, because of the economic difficulties many defendants can not afford or can not find lawyers, no right of defense counsel to help them.these make the power imbalance in the prosecution and defense in court. These issues affect the image of judicial impartiality of the judiciary, and even hinder the process of legal reform in China..Besides the introduction and conclusion, the thesis is divided into three parts.In the first part, the author defines the meaning of the defense system, describes the origin and development in the West and the tortuous course of development in China. In the second part, the paper summarizes many problems existing in our current defense system, such as the lack of protection of the right of self-defense, Investigation and interrogation without counsel present at the right time is difficult to achieve early intervention, investigation and evidence collection, scoring difficult, difficult to protect personal rights and legal aid system is not perfect, and Discusses the specific causes of China's defense system causing many problems.In the third part, the author explores how to improve our defense system. First, the author of this paper discusses the self-defense System, believing that torture, cheat for such phenomenon must be prohibited giving the criminal the right of silence Secondly, the author Focuses on the defense of the System of lawyers Putting forward that we should improve provisions that Lawyers meet with the suspects and the accused, Lawyers View case files and Investigate Evidences. Finally, proposes legislative proposals on how to improve our criminal legal, I think we should defense counsel assigned to a man more likely to be sentenced a defendant sentenced to five years not entrusting the defense lawyers. In the guilty plea cases, In addition to other death penalty, The court can not assign the defendant a defense counsel if he has neither appointed counsel nor applied for legal aid the court may not assign defense counsel in the Summary if accused defense counsel did not delegate. Defendant does not sound mental development should be given Legal aid.