On The Pledge Of Criminal Defendant

In our country’s criminal trial practice, the judicial power use of secret evidence to punishthe defendant, witnesses testified not become the norm, this approach not only destroys thejudicial impartiality, and also to ensure inviolable personal basic human rights as the core ofthe modern constitutional concept. Criminal defendants to pledge right refers to the defendantenjoys in criminal proceedings and a witness goes against himself face to face andconfrontational about the rights of the constitution is a country under the rule of law andinternational human rights convention criminal defendants in the criminal lawsuit right thefundamental procedures, is also a criminal defendant to obtain a fair trial of the minimumprogram, and our country has still not established criminal defendants to the pledgee.Through interpretation to the pledgee legitimacy according to criminal defendants,analysis reveals that the defendant to exercise the right of the problems and obstacles,combined with practice to explore the necessity and feasibility of criminal defendants topledge in our country, this paper puts forward the basic idea of establishment of pledge rightadvice. Criminal defendants to pledge, the theoretical basis of maintaining human dignitycoming from the theory of the subject of litigation has the safeguard human rights andprocedural justice theory and finds the real values. Limit the government power and guaranteebasic human rights of the modern constitutional requirements and the new criminal procedurelaw to establish the witnesses to appear in court system, the establishment of the criminaldefendants to pledge not only has its inherent necessity, but also has the feasibility. Therealization of the criminal defendants to the pledgee must have the relevant systems andprocedures to safeguard, it is to establish the principle of presumption of innocence, the secondis to perfect modern defense system, the third is to establish mandatory forensics procedure.