The Consideration Of The Criminal Defense System In Our Country

System of advocacy is the general name of a series of legal rules and systems about the right to defence, the category and way of defence, the rang, responsibility, right and obligation of the defender. It is an important component of the modern state law system. It is the embodiment and guarantee of the constitutional principle that suspects and defendants have the right to be pleaded in criminal (litigation) suit. The sound and perfection of the system of advocacy, becomes the important sign of the democratization and scientific of the criminal procedure.With the general growing of ensuring human rights worldwide, the rational composition of the adversary system of Great Britain and America have been used and incorporated into the lawsuit mode of doctrine of function and power in the countries of the continent law department. Accordingly, it made the debate balance principle, which originally belongs to the mode of Party's lawsuit doctrine become an international standard of criminal suit. The important revision of the system of criminal suit in 1996 has changed the doctrine of function and power way of court's trial, making it to be tend towards the opposing type mode. Under the situation of paying more attention to combating crime, the new criminal procedure law has strengthened the defendant's defended right, especially the criminal right to defence, improved the defender's status in litigation, strengthened the antagonism with the charge. The revising of the new criminal procedure law accords with the development trend of criminal suit of the world.However, according to the actual conditions during these years, the revision of criminal procedure law does not reach the aim of enhancing the plead function to confront with accusing party effectively, which leads to the difficult situation of the criminal defense. The reason causing it includes: the limitation to the lawyer during the stage of investigation; the difficulties in interview; the rejection of reading materials in the prosecute stage; the denial of the immunity in the court's trial; the restriction of the lawyer's rights of investigation and collecting evidence; the threat to the lawyer's freedom and right and so. It also appears in the judicial practice that the lawyer receives the hindrance of the prosecutor (includes investigators and prosecuting personnel) in the lawsuit, and the lawyer's evidence materials, which are helpful to the suspect and defendant, are difficult to adopt. All these things, indicate the status of defender is lowerthan the prosecutor, the weakness of contradict dynamics, the imbalance of the defender and prosecutor, and the debating to the current basic principle that the dynamics of both sides should be balanced in the world. The existence of these problems has caused the difficulties of the counsel's defence activity, the lawyer's unwilling to undertake pleading, seriously baffled the immature criminal system of advocacy of our country, and also restricted the full play of the debating type court's trial way.For changing the situation mentioned above, in my opinion, we should strengthen the dynamics of pleading in order to balance the dynamics of both sides. Concerning to ensuring the lawyer's lawsuit right, it is necessary to solve the following problems: ensuing the lawyer's lawsuit status and function in investigating; endowing the lawyer with the right of checking the files material at the stage of prosecuting; allowing the lawyer to be present while prosecuting personnel interrogating suspects; stipulating that the counsel enjoys and pleads the immunity of the speech criminally; stipulating that defense lawyer has the equal rights of investigation with the prosecuting party at the stage of investigation and court's trial, seting up the evidence showing system and so on.