Research On Appointed Defense System Defects And Perfection In China

As one of criminal legal aid, appointed defense is a system in which the court supplys the lawyer for free for the poor. The appointed defense system in china, with about 10 years development, has achived much harvest. But there are still some system flaws exist Fairness in criminal justice must first be measured in accordance with relevant universal human rights standards. The signing of the International Covemant Civil and Political Rights (ICCPR) in 1998 was landmark event of China recognizing these standards. Supply all the suspect and the accused who can't afford any lawyer with legal aid by state, which is not only just way to reach the standards, but also is the state responsibility to people in constitution. Aiming on contributing to the project of protecting human rights, the article just lays stress on the problems stated above and makes constructive suggestions about defects perfection.The main body of the theies is divided into three parts. The paper starts with an introductory of appointed defense system. In the first part, auther presents the concept and class of the system. Followed it is development history about the system, which help us explain the system flaws historically. The last tache is about the idear of appointed defense system, which means "state responsibility". It was beneficial action however.Part two is focused on analyse of appointed defense system flaws. Limited application of appointed defense inevitably exists on both applicable object and applicable legal proceedings, which leads directly the poor defendant lose of right to defense. There is the same problem in the Summary Trail and Confession. Moreover, lack of funds for appointed defense and high risk of defenders also influence guarantee of person right of criminal suspects and defendant. Therefore, reforming our system of appointed defense is necessary and feasible.According to the problem discussed above, several proposals for perfection are gave in the last part. Because in my opinion, enhancing the guarantee of defense right of criminal suspects and defendant, is depend on perfect of system but moral restriction on police and beneficial action took by lawyers. We should reform the following items: broadening application of appointed defense on applicable object by setting up the principle "economy is fundamental, case is exception". Expanding application of appointed defense of legal proceedings and correcting the status of lawyers in investigation period. Meanwhile, making sure the necessity of defenders in the Summary Trail and Confession. Besides, several items about function of appointed defense system should be set up, such as appointed defense models, appointed defense funds and relief system. Of course, benign function of appointed defense system not only lies on perfection itself, but also improvement of legal environment.