The Study Of The Advocate's Right Of Defense

In this thesis, first, it gives the definition of the advocate' right of defense. And then it summerizes its history and developing trend, from which it draws conclusions about factors that effect the development of the advocate'right of defense.Main points of this thesis are the foundation and the value of the advocate'right of defense. Human rights protection, procedural justice and relativity institution are the foundation of the advocate's right of defense. But innocent presumption is not.In the aspect of justice of fact finding, the advocate's right has positive effects, especially in innocent cases. In the aspect of realizing positive effects of criminal punishment , it definitely has positive effects. In short time, the efficient will declined because of the advocate's right of defense. But in long time, the efficient will be promoted because of it. But if the advocate's right of defense is too strong, the whole efficient will decline.At last, it points out the inadequate of the advocate's right of defense in China and give some suggestion about how to strenthen it. But it also tells us the difficuty to achieve this goal in China.