On The Right To Defense Of The Counsel In Criminal Suits Of Our State

It is well known that the right of the defense is the most important right which the crime suspect and the defendant have in the Criminal prosecution and has already been the basic principle of the modern Criminal suit. However, because of their statues and defects of the knowledge construction, only always be assisted by the counsel can the crime suspect and the defendant exercise their rights to defense. It is therefore, extremely important to define the right entrusted to the counsel by them . Whether maintaining and guaranteeing the right of the counsel to defense or not, directly concerns the forming of modern construction of Criminal suit on the basis of "taking the judicatory judgment as the core " to ensure the achievement of the aim of the Criminal suit on the purpose of guaranteeing human rights and ,of course, controlling the crime.when the Criminal law was amended for the first time in 1991,the issue of the right of the counsel acquired great concern of scholars. Many opinions of the scholars were adopted by the legislative institution, the effect of which performed however, not so good in the judicatory practice. The maintenance and guarantee of the right of the counsel even got worse. The phenomenon of 'hard to defense 'immerged. A large of counsels don't want or dare to take criminal cases, because of the bad effect and the high risk of criminal defenses. The reason is that the recognition of the right to defense and of the counsels is not comprehensive or deep enough ;that the right to defense ,the historic back ground behind the counsel and cultural effect are not highly regarded, which cause the phenomenon of the lack of legislation on the system ,of the interference and of the deprivation of the right to defense by the counsel. It directly causes that the right of criminal suspects and defendants are always at the puny statues when facing the powerful prosecute institution of the state, that the imbalance of power between the prosecute and defendants, and that the difficulty of forming a fair means of criminal cases in which the judge could be among, but on the high position, and give justice. Using empirical methods, this thesis tries to first ,depict the actuality of the right to defense of the counsel, second, historically analyze the right to defense of the counsel, discriminate and define the concepts on the premise of integrating varieties of viewpoints, third elaborately analyze the reason of forming the dilemma of the right to defense of the counsel in our state at all angles ,using the viewpoints of semanteme theory ,language atmosphere theory and theory of justice on bottom line .On the process of writing this thesis ,the author took the method of interdisciplinary and magnificent prospect to research this issue and deeply understand the important value and the effect in the whole criminal suits system. Meanwhile, the research emphasizes the revealing ,analyzing and evaluating the issue , exploring the law study and judicatory practice and the relationship between the universalizing and the localizing of knowledge ,in order to promote the development of the law study of criminal suits, by using the analyzing the right to defense of the counsel.