On The Procedural Defense Of Criminal Defense

The procedural defense is along with the human rights idea development the new concept which appears in the criminal prosecution. As a kind of typical defense form, procedural defense is an important part in the criminal defense system. The procedural defense is to the crime suspect, the accused person right most direct relief method which encounters the procedural illegal activity violation. The difference between procedural defense and entitative defense is that the former has an ability of aggression. It acts according to the procedural rule directly which Law of Criminal Procedure establishes, carries on all forms of counterplea and negotiation with the organ which is behalf of power. In this kind of defense, the defender will usually according to some legal procedural rules, submit a series of procedural application to the judgment organization, or present some procedural objection on public procurator's accusation., to request the court to make a special judgment on some legal procedural questions and defend accused person's lawsuit right. As a positive defense form, procedural defense at present is not familiar with the most people, and also cannot be found in our country law. In judicial practice, the unceasing illegal procedural acts urgently need the coming of procedural defense. However, the obsolete ideas and imperfect systems make development of procedural defense become very difficultBased on the important value of procedural defense, this thesis will be separated to 5 parts:The first part is a brief introduction of the concept of crime defense. Criminal defense is divided into two shapes of entity defense and procedural defense, and procedural defense is a new shape of defense which is different in traditional entity defense.In the second part, I analyze the value of procedural defense in every aspect. From the angle of jurisprudence, the value of procedural defense manifests in the realization of procedure justice and safeguarding of human rights. From the reality angle, it can influence the criminal judicature practice.Now to the third part, the author will briefly introduce the epitome of procedural defense in our country and the actual difficulties of importing procedural defense. These are not only...