On The Significance Of Lawyer's Right To Defence

Right to defence is an essentially constitutional right for the citizens. However, this right has been wrecked devastatingly in China for many years. The rate of defence in China has been lower than 30 % ,3813434 citizens among all 5447764,without defender,were accused and sentenced from the year 2000 to the year 2005.Accusation without defender will certainly give birth to the wrong verdict such as case of Du Pei Wu,She Xiang Lin,Li Jiu Ming,who are wrongly sentenced to death.The main reason for the absence of the right to defence is the Article 306 of the criminal law.Statistics shows that around 347 lawers have been accused of this crime.From the perspective of Article 306,this paper analyses the deteriorate situation of right to defence with a great amount of statistics,and organises the development of Article 306,then,takes comparative laws study .Following this,the author points out the two defects of Article 306.Finally,this paper returns the topic of the right to defence and concludes that the right is a natural right which can not be derogated by any departments,by any names.what's more,the author calls for unabridged,definite,concrete right to defence in China constitution.