Research On The Desingnated Defense System

Designated defense system refers to the system which state agencies who exercise of the investigation, prosecution, trial, and so on to comply with the conditions of criminal suspects and defendants, appointed counsel to provide defense during the criminal process. After China promulgated in 1954, "The People's Republic of China People's Court Organization Law" established a designated defense system, and later went through in 1979, "The People's Republic of China Criminal Procedure Law," the promulgation of the 1996 "Code of Criminal Procedure" and a series of amendments to the introduction of judicial interpretation, and gradually formed a China's current designated defense system. Although along, academia and the judiciary recognize the designated defense system have a vital importance for the protection of human rights, protect the citizens of the substantive rights and procedural rights and reflect a fair and impartial administration of justice, but China's current system of justice to appoint a defense practice of facing all the difficulties, whether it is the narrow scope of application or the poor quality of the designated defense, have led the designated defense system far from the goal of the legislation. Therefore, study on the designated defense system, found that the problems of China's designated defense system and the corresponding comprehensive proposal, in the revised "Code of Criminal Procedure," today's growing calls for improving China's "Code of Criminal Procedure," have a very large positive significance and value to the promotion of the citizen protection of human rights and the rule of law in the country.This paper is divided into three parts. The first part is an overview of the designated defense system. It begins by drawing some scholars of the research results; redefine the designated defense system breakthroughs in China's current legal framework. Then is the brief introduction of the historical development of the designated defense system in foreign countries, the value and the theoretical basis of the designated defense system, and the Contrast between the designated defense system and the criminal legal aid system. This section is mainly about lay the foundation for the study of the existing problems and sound proposals for China's designated defense system below, and make the article not only have a clear focus but also fully take into account the relevant system on the designated defense system. The second part is the assessment of China's current designated defense system. Sum up the main six problems in China's designated defense system by a variety of phenomena in judicial practice, Including too late the Assignment of defense counsel to intervene, too narrow the scope of application, the judge in the application of too much discretion, the lack of prosecution of people involved in the system and the selection, rights, interests protection of lawyers. Then context of results of the present study by the domestic scholars, analysis system and the real reason for hiding the problem, so that the improvement of the corresponding recommendations are presented below with the legislative and judicial basis. And it's remedy not pointless.The third part is the concept on improving China's designated defense system. It will divide it into the improving of "Code of Criminal Procedure" legislation and improving the assignment of defense supporting systems. On the one hand, Learn from the outstanding design of the system in foreign countries and China's Taiwan region ,and by extending the specified period and scope of application of defense, improve the defense system, specify the standards and have been used to justify the recourse to participate in the system to achieve from the "Code of Criminal Procedure" at the legislative level to improve the defense system of the designated; On the other hand, combination of the author's own experiences and feelings, make recommendations for improvement and system concept on the relevant supporting systems of the designated defense system. For example, discuss the feasibility of the trainee solicitors solely responsible for the assignment of defense and design a system.In this paper, it mainly uses empirical analysis of the way, and use research methods like comparative analysis. But because the causes of the problem are complex and multifaceted, and the author's limited capacity, this article does not cover all the problems that China's designated defense system exist, the proposed improvements are also aimed at these problems.