Criminal Procedural Defense System

Criminal procedural defense is a kind of typical defense form and an important constituent of the criminal defense system .It is the most relief measures for the crime suspect and the accused when thei rights are impinged by illegal procedures. Procedural defense is not against the prosecution indictment by content, proposes the evidence and the reason defendants not guilty, light offence or mitigated, waived his criminal responsibility, but at criminal lawsuit specialized organ of the litigation procedure, by pointing out and proof prosecution organ procedural illegal and make for defense the evidence is eliminated, or illegal procedure was declared null and void, the whole program is being prosecuted according to law end.Procedural conduct of the defense must have good legislation, judicial system, China's current legal system has many deficiencies, the traditional concepts of social law, criminal defense system is imperfect, the procedural defects of the sanctions regime, making the process of justification in The implementation of difficult. In this paper, using comparison, analysis methods, draw on common law and civil law procedural defense in criminal defense system, through the defense system of procedural status and analysis of the causes, of procedural defense put forward a sound idea. This article is divided into four parts:The first part is a criminal procedural defense system overview. The main defense of the criminal procedural content were defined, raising the theoretical basis of the defense, and analyzed its research value.The second part is the procedural defense of the two legal systems inspected. Mainly the United States and France, for example, the procedural defense of both countries to study, and thus the defense of procedural improvement for reference.The third part is the defense of the status of criminal procedure and why. Analysis of the procedural status of the defense and the existence of reasons for improving China's criminal procedural measures for the defense to make bedding.The fourth part is the defense of criminal procedural and Construction System. From the procedural concept of defense transformation, the system itself and the three supporting System Improvement of the procedural aspects of the defense system.