On The Procedural Defence Lawyers

The procedural defense is a type of defense the purpose of which is raising a claim or procedural application aiming at procedural dispute in criminal proceedings to protect or realize the procedural rights of the accused based upon the procedural law. The right contains some aspects such as application and opposition, object of the procedural defense right involves two main categories of procedural dispute and procedural application. Procedural defense is the embodiment of the democracy and civilization of criminal procedure. In our country, both procedural theory and judicial practice pay little attention to procedural defense. Especially because of the high secrecy of the investigation procedure, the apparent interest of police and prosecutors in the outcome of the trial, and the lack of neutral arbitration mechanism, the criminal defense in pre-trial procedure has lost its living pace. The fundamental solution to the problems encountered in the reform of criminal defense system lays in the establishment of basic mechanism for the remedy of rights. Certainly, to do so, China must solve many practical problems and get over some systematical obstacles. So, it is necessary to analyze thoroughly the connotation, contents, and value of the procedural defense, and put forward some suggestions to improve procedural defense.This dissertation regards the lawyers as the principal part to discuss procedural defense.