The Consideration Of The Defense System In Our Country

System of advocacy stands for the system which contraposes to the accused and is conferred by the law to the criminal suspect as well as the defendant, and the criminal suspects and the defendants themselves or their counsels will protect them from conviction, with testifying them innocent. Under the most circumstances, such a sort of action has to be realized by the defendant with the assistance of his lawyer. 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 found and perfection of the system of counsel becomes the important sign of the democratization and science of the criminal procedure.With the difference of Criminal Procedural Model in the world, the Counsel Model is different. The Adversary Model leads to Uncontrolled Counsel Model, the Inquisitorial Model leads to Restricted Counsel Model, and the Composite Procedural Model leads to Composite Counsel Model. The predominance and shortcoming of different Criminal Procedural Model provides experience to China, and also take a lesson to China. Our Criminal Procedural Model is Super-inquisitorial Model in the beginning of Criminal Procedural Law. One of important aims of this model is controlling crime, witch leads to neglect the criminal suspects and the defendants' rights in a certain extent, also leads to that the system of counsel is restricted. Criminal Procedural Model in China has turned to Composite Model whose keynote is that of Super-inquisitorial Model since modifying Criminal Procedural Law in 1996. In a certain extent the model regards more of the defendants' rights as before. However, the problem of advocacy has not been virtually resolved all along, the other way round, the original intention of legislator has been silent, and there are 'Five Problems' for lawyers in interviewing the suspects, reading the document and records, investigating and collecting the evidence, objecting, and making the judges accept their advice all the same.In China, this 'Five Problems' reflect some difficulty of our system of counsel deeply, containing culture, economy, politics and the function of police station, inquisitor station and court, and unbalance of inquisitors and counsels' power. Finally, to resolve a series of problems above, in my opinion, the Criminal Procedural Model in China has to turn another. In the end of the thesis, I am not able to point out which pattern our Criminal Procedural Model will transfer to, but I think the most important thing is restricting power and sticking up for right. If and only if power is restricted and right is ensured, the reform of system of advocacy will come to the top.