Procedural Defense Research

Procedural defense is a quite new defination in the academic circles of criminal procedure law in China. The right to defence is the fundamental human right that belongs to suspects and defedants, ie. the accused. The foundation of the right to defence should be based on substantial law and procedure law. But as far as judicial practice is concerned in China, the procedural defense strongly needs to be payed attention to and developed.The article contains four parts, which has more than 30000 words.The first part discusses some foundamental theories of procedural defense.At first, the defination of the procedural defense should be clear and definite. In the academic circles of criminal procedural law, there are two kinds of different summaries on the procedural defense. But neither of them is comprehensive. In my view, it should be a kind of defense, according to criminal procedure law, aiming at protecting the legal rights and interets of the accused that could lead to procedural legal results. The nature of the procedural defense is an important remedy and legal method used by the accused and their lawyers to protect their legal rights and interests. The theory of procedural defense is of extraordinary value to research.Procedural defense is based on four kinds of theories: first, procedural principal theory; second, litigation right theory; third, the principle of presumption of innocence; and finally, the theory of procedural violation, procedural sanction, procedural decree.The second part discusses the causes of setting forth procedural defense.When we study the causes of setting forth procedural defense, we must compare the system of Civil Lawwith Common Law. An important...