On The Construction Of The Criminal Defense Program

Criminal procedure systems are built around a series of measures to achieve the three main criminal proceedings the value for us. In order to better achieve these objectives, the author presented in this paper the idea of building a criminal defense program. Criminal defense programs to better protect the dominant position of the defendant's litigation and litigation rights, protection of procedural fairness; be able to fully listen to the views of both defense and prosecution proceedings, which will help the judges do listen to others and to achieve substantive justice; the predigestion for trial diversion program pave the way, the rational use of judicial resources efficiency of the proceedings.This addition to the introduction and conclusion, the body is divided into four parts. From what is a criminal defense program, why my country want to build a criminal defense program, how to build our country's criminal defense program, and how to protect the criminal defense program discusses the four aspects.An overview of the first part of the criminal defense program. First, define what is a criminal defense program. Criminal defense program is that after the court case before trial by the prosecution and defense under the auspices of a judge, the accused personally to express their views on the alleged facts, defense counsel made in court proceedings to defend their views. Is to give the accused face to face trial before the judge the opportunity to express their views on defense and in accordance with the defendant's reply to choose the type of trial type procedures. Secondly, the Criminal litigation value of the three perspectives, namely, to explain procedures in criminal defense in the meaning and value. First, the respondent the value of procedural justice program is to achieve the dominant position of the defendants. In reply, the program statement of the accused face to face with the judge his or her views, through the choice of the respondent to determine the type of trial proceedings. To achieve the dominant position of its own proceedings. Secondly, the respondent entity justice program is to facilitate the identification of cases of the value of things, the proper application of the law. In reply, both defense and prosecution procedures are fully express their views, the judge hearing both sides, we could sort out the proceedings at issue, the formation of doubts respondent program, and then focus on solving the doubts in the court trial, and more beneficial to find out facts of the case, the correct applicable law, to achieve substantive justice. Thirdly, the respondent the value of program effectiveness of the proceedings is to pave the way for the trial, simplified triage. According to the type of defense the defendant can determine cases of the ordinary procedure applicable to the trial, or summary proceedings. The defendant guilty of the respondent to do simple procedures would apply, the defendant not guilty to reply to do the ordinary procedure is applied. As a more reasonable use of limited judicial resources, efficiency of the proceedings.The second part of our country need to build a criminal defense program and its feasibility. First, the Chinese need to build a criminal defense program. To solve problems in judicial practice, it is necessary to build a criminal defense program. First, the guilty plea proceedings in cases flawed. In the case of the accused pleaded guilty, the accused is not the dominant position of the proceedings but was the object of protection; legislation does not provide the defendant guilty of the voluntary nature of the specific review process; general summary trial process is exacerbated by uneven prosecution and the defense. Second, China's low rate of criminal defense lawyers. The vast majority of criminal cases in China did not participate in the proceedings defense counsel, the defendant's right of action can not be given due protection. Third, China's criminal procedure cases of pressure and low efficiency. The limited nature of judicial resources and the gradual increase in cases of conflict between the efficiency of the proceedings should take to alleviate. Fourth, the reform of criminal justice in China there is damage to the pursuit of efficiency in the phenomenon of justice. Construction of the criminal defense process, to prepare for the cases of simplified triage, from the more rational use of scarce science and judicial resources. Second, China to build a criminal defense program is feasible. Code of Criminal Procedure theory community has done a study on the defense program, the construction program for the respondent to provide a theoretical basis. For example, in Professor Xu Jingcun, Professor Chen Weidong and other scholars raised by the Revised Code of Criminal Procedure has been proposed in the works to build a criminal defense procedures for legislative proposals. In judicial practice, China's criminal procedure in the present case the defendant pleads guilty on summary trial in the ordinary procedure set its aim is to improve the efficiency of our proceedings. Further, the ROC District Court also carried out a similar reform in criminal defense proceedings, the substantive departments in various provinces and municipalities are engaged in tentative reforms, such as Shouguang City, Shandong Province, People's Court to conduct pre-trial proceedings in criminal reform. Combination of academic theory and judicial practice, practice demonstration effect can be drawn in China to build a criminal defense program is a feasibility.The third part of our criminal defense program to build specific. First, the introduction of foreign criminal defense proceedings. Respectively introduced the United States to identify whether the program counts the defendant, the United Kingdom's arraignment process, the French investigating a felony trial court's questioning of defendants, the German procedural law the provisions of defense against the defendant, the Japanese criminal proceedings in the criminal defense program. Second, China's criminal defense program default. One respondent of proceedings mechanism and time for a reply. Drawing on examples of national legislation and judicial practice of our country, our defense to start the form of a statutory procedure, each case must be to respond to litigation proceedings. Time for a reply at prosecutors charged to court, the Court placed on file after a formal trial before a judge. Second, the nature of the respondent, the respondent belongs to pre-trial procedure preparation procedures for each case to the court to prosecute a necessary procedure. The third is the form of reply to the principle of words to reply, the written reply, as an exception principle. Fourth, the criminal defense and its participation in the proceedings of the main duties and powers. Prosecutor for the prosecution to participate in defense, the judge who presided over the respondent program is neutral; judge in reply to fully listen to the program statement of the accused and defense counsel opinions and listen to others and to achieve. The court proceedings in his reply to the defendant to fulfill this obligation, objective obligations, lawsuits to take care of obligations. The defendant must be personally present at the defense, and enjoy participation in the proceedings and the right to choose, I know that the right to defend rights and rights of access to a lawyer. In the meantime the defendant should also fulfill corresponding obligations. Defense counsel in cases involving the defense lawyers to attend defense program, and enjoy the corresponding rights to fulfill corresponding obligations. Fifth, the type of reply. Reference to Anglo-American countries, has procedures to identify the defendant counts, China's defense program will be divided into three categories: the respondent guilty, not guilty to reply as well as other controversial reply. 6 for the reply content. 7 the legal consequences of the respondent programs. According to different types of reply will lead to different legal consequences, the defendant did plead guilty to reply will lead to selection summary trial court; the defendant did the respondent not guilty or other controversial defense will be the ordinary proceedings. 8 for the reply of relief. Procedure carried out without a criminal defense trial a defendant may appeal the grounds of procedural law, or complaint.The fourth part of the defense program safeguards. First, the change of our form of the indictment, the prosecution will present a copy of Marxist doctrine changed to transfer files. Unilaterally determined by the prosecutor to minimize the "principal evidence" to influence the judge's decision to avoid the formation of preconceptions of judges. Secondly, to enhance the role of the judge ex officio judges of the proceedings take care of the implementation of obligations in order to achieve balance between the defense and prosecution in essence, without a lawyer involved in the proceedings is particularly important. Third, establish the presumption of innocence and the accused against forced self-incrimination privilege. The criminal defense program to protect the authenticity of the defendant to reply, the voluntary nature of the respondent to avoid the accused being empty set, formal. Fourth, to expand the scope of the assignment of defense counsel for the accused to help ensure realization of the right. Most of the accused lack of legal knowledge, for the cases without a proper legal awareness, defense lawyers involved in defense programs is extremely necessary. Counsel has a professional legal skills, a wealth of litigation experience, from the point of view is different from the prosecutor defended the views, which will help the judges understand the case, finishing point of contention. Fifth, improve and protect the procedural rights of defense counsel. Sixth, improve our criminal court cases Simplified the triage system. Defense program, based on the defendant to answer the different types and contents, in the cases of diversion mechanisms Simplified procedure trial, the defendant pleaded guilty the case can enable the accused pleaded not guilty cases of summary procedure to enable ordinary court procedures.