On Procedural Defense

There do not exist the concept of theprocedural defense independent in the Anglo-American law system and Continental law system countries. but procedural defense is significant in practice.The new revised criminal procedure law in our country establish the procedural defense system Clearly, but it is a novel concept in the theory and practice, such a defense form is not yet mature our country legal science.In this paper, on the basis of many scholars research, this paper expounds the procedural defense and discusses the concept and nature of the difference between defending procedural and substantive defense.At the same time, the author sums up some theories related to procedural defense, such as procedural sanctions and procedural referee, and combined with our country judicial present situation, proposed the procedural defense in our country,Finally aimed at these predicament from the Angle of theory and practice, put forward some direction.