The Research Of Public Defender System

In criminal proceedings, the right to defense of accused persons is an important mean of resisting national mighty public power, the right to defense is the most basic and core right when the accused persons are in criminal proceedings. Criminal defense system can make the accused persons participate in criminal proceedings positively. The proceedings control rights that the accused persons have can have a great effect on the proceedings consequence. They really become the subject of criminal proceedings. Self-defense runs through the criminal proceedings in criminal defense.But it is very difficult to propose conviction sentencing and substantive defending opinions by the restriction of accused persons'self-condition, At the same time, the development of social division had decided the advocacy skills of ordinary citizens insufficiently.Therefore, it's quite important that the accused persons can obtain professional theoretical and skillful defense from lawyers.However, according to official documents, about 70% criminal cases in our country didn't have defense lawyers participate. A large number of poor accused persons may be sentenced to prison more than three years or prison for life. Penal defendants don't have the power of defence commissioned and they can't get the appointed defense,either. Although some defendants can get the appointed defense,the quality of appointed defense can make people worry. The first Public Defender's Office in our country was established by Pudong New District Court in Shanghai city in 10,2010.The Public Defender's Office is a special office that established in the court to designate public defender for defendant in a criminal case and other parties meet the conditions (It means that our country or government briefs a barrister who has definite practical experience and provide free legal services to clients in a criminal case). And it is the development and perfection of traditional the appointed defense. This thesis is established in the objective fact that The first Public Defender was set up in our country, and takes examples from overseas public defender system, surrounds four aspects of public defender system to discuss, including its historical development, the theoretical basis, the necessity to set up in China and the system construction in our country.First, it details the historical development of public defender system. It mainly introduces its legislation, its status of the operation system, its present problems and deficiencies in Nanjing National Government, Taiwan of China, Britain and the U.S.Then, it details the heoretical basis of public defender system. The public defender system is a special expression among the criminal legal aid system.The heoretical basis of its emergence and existence depends on the heoretical basis of criminal legal aid system's emergence and existence. It means that states have an obligation to provide free legal aid for accused in criminal proceedings.lt is determined by the specificity of prosecution and defense power imbalance in criminal proceedings.Next, it discusses the necessity to set up public defender system in the present justice system in China. The public defender system is beneficial to put Constitutional Rights that the defendant have the right to defense into practice, improve the rate of criminal defense,and promote judicial justice. In addition, the public defender system is the embodiment to carry out the criminal legal aid and state responsibility. Committing this system is beneficial to improve the application rate of criminal legal aid and the quality of legal aid, in order to polish criminal legal aid system in China.Finally, on the basis of commenting the implementation of Public Defender's Office in Pudong New District Court, the author discusses the concrete system construction of the public defender system in China in the following aspects:its property, its qualifications, its range of aid cases and its management.