The Study Of Appointed Defense System

With the development of the concept of the protection of human rights,national criminal procedure legislators pay more and more attention to the protection of human right.In the process of amending the Criminal Procedure Law,they designed to maximize the protection of the rights,and meanwhile strengthen to limit the state power.As a defense right,which against a relatively defense the state power has become the core of the rights of all countries on the criminal prosecution.And these procedures show the level of human rights.The defense right not only provided for the content and the way of the system,to a certain extent but also it has a important affection on whether or not to defend the right and also affects the ability of enjoy the real rights.Designated as the defense system is aimed at protecting the person whose economic conditions and the situation in their own special needs face the stricter punishment of the criminal prosecution.It shows the responsibility of the country in for the protection of human rights.This paper is for the purposes of researching through the national legislation and the case to analyze the theoretical basis for their designation and realistic conditions,summarized the advanced ideas of human rights and the rule of law and due process,with a view to reference.On the research,we found that the designated of national defense systems are different, but compared to our present system,there are many to study.In the recent amendments to the law,the trend of the appointment defense reform shows as follows:In the defense designate, the application phase of the trial in general,from the center stage to the pre-trial phase to expansion;from the restrictions of a conditional designation,expand to the scope of applying to the defense of all the cases.This development reflects the protection of respect and dignity, and lead to some level of reality.For example,a large number of cases require lawyers to participate in,but the actual number of lawyers is limited.There are the conflicts between them.At the same time,as the national responsibility of the state,the state has to pay the cost of legal services,and the country's limited financial resources.The need for lawyers to survival is also a problem.This lights us to build a system to provide effective service,in order to improve the defense system,it is necessary to pay attention to the effective protection of the right to a lawyer,at the same time in accordance with to consider the actual situation in the country set.In the reform of defense system in phases is to set up the goal step by step, through a certain period of time to reach the final for the defense of the right guaranteed by the highest object.The first section:the major methodology of study is comparing.At the beginning of the paper the author explains the meaning of defense by analyzing,and research of setting up the foundation of defense right.And also describe the right's characteristics.The article is not only limited to the designated defense system of China,but interpret its definition under international environment.After the appointment of defense in the current national laws,then begin to study on the type of appointed defense right by comparative analysis.The last part of section one is analysis the two type of appointed defense.And by comparing method,we found that the defects and the advanced aspects.The article is not only study the defense system of our country,but also the foreign system of defense.The second section:The center of the article is in-depth analysis of various elements of the defense system of designated.First is the scope of the condition of the appointed defense right,then is the quality of defense,at last is the relief by comparative analysis.And this will be the most need of China,s Criminal Procedure Law.Considering of the existing provisions under,on one of the main focuses on the exercise of specified powers to defend the main, from the provisions of legislation and practice,is mainly carried out by the court specified. On the main study area is designated to defend the system as applied at the stage of criminal proceedings,the study found that are more universal trial stage of emphasis on the protection of the fights of the defense,the prosecution phase of the investigation for the protection vary from country to country.But on the whole,the Anglo-American legal systems of countries in the investigation of the defense the right to less security restrictions,the severity of the case demandes relatively low,which reflecting on the lawyer to provide generalized help.In Continent countries,the protection of the right lawyer to help more prudent and crime conditions,in investigation.On the conditions is to study,under actual conditions,according to the need for a lawyer to help the possibility of reality,the country set free lawyer for the case of conditions and assist its own economic conditions.The quality of the assignment of defense by Comparing the analysis methods are studied by analyzing its relationship with the lawyer to employ their own lawyer to help defend itself in the design of the system and the external conditions of the difference between inspired to found the defense lawyer assigned to defend the quality the intrinsic system factors and practical reasons.Relief of the study are designated for the defense system in violation of relevant provisions,violations of the effective exercise of the right to defense issues,through the force of law,regulation,mainly through the process of implementation of sanctions.Specifically there is the representation of illegal evidence has ruled out the rules and direct the court to quash an indictment or the referee ruled that the sanctions imposed on this process directly affects the outcome of entities, so severe sanction such a measure,but it can be able to effectively protect the rights of the defense implement.This procedural sanctions on the design process at the same timeto give the defendant the right to apply to the right to relief has autonomy,a more accurate expression of their will.The third part of the article is mainly directed against China's Criminal Procedural Law specified the relevant provisions of the specific defense system,in which the introduction of advanced systems at the same time,and analysis from the idea of China's special legal traditions and the reality of the situation.At last make the theoretical and practical interpretation together to designate the conduct of a comprehensive defense system.By studying of the national laws and case,the combination of China's actual conditions,make the corresponding recommendations for improvement.In the application aspect,it should be the most vulnerable to violations of the rights of the stages.We can specify the qualifications of the main constraints on.For example,can only be designated legal counsel to help,legal help should cover the overall quality of the people to carry out a certain degree of control.In the case of the scope of the application,China's special conditions under the action of limited resources.It is a vain attempt to one-step approach is the lack of feasibility of the proposed phasing in the measures and specific standards.But consider the conditions of today's urgent requirement,and the proposed suggestions for improvement.Start from the last rights protection is relief on the provisions of our existing laws.Our analysis of the existing laws relating to the judiciary despite the violation of legal procedures involved in relief.But it did not defend the right to a certain to some extent.It can be said that the establishment of a procedural right to defense related to the shape of the sanctions mechanism.Through the legislation or the judicial interpretations to add the appropriate way to defend the right to be protected.From the prosecution's point of view,we should give the right to apply for certain period,but it can not be right to rely on the initiative of the judiciary.It must be according to satisfy their needs.The author's innovation:First of all,the structure of the article,Two Legal will be the specific provisions of a comparative study,but it is not a separate chapter.Rather specified in the study of the various elements of the defense system by a comparative analysis.This structure is more targeted to related theory and make it more intuitive and specific. Secondly,the contents of the article,not simply on the theory analysis,but combined with the practice of facing the justice system designed.Not only study China's judicial practice,but the more advanced countries' legislation,including the practical issues.Thirdly,suggest reform a defense right system of our country.To propose relief measures in the sanctions process of criminal procedure.And the specific measures of our country should be on the basis of the existing provisions.Improve the old provision rather than break it is more feasible.The greatest feature of the article is being attached great importance to the prosecution of those rights.And fully embodies the modern concept of human rights of litigation.As the author's limited theory and superficial knowledge especially the limited information collected,in some areas are not fully considered.The measures,which is put forward is improper.However,the study of the appointed defense right is out of independent thinking.Wish teacher to amend it properly.