The Construction Of The Judicial System Of The Accused And The Defended In China

The judicial system of the accused and the defended is a very important theory and it is also a method to achieve procedural justice, safeguard for human rights and substantive justice in criminal proceedings.in our country, a lot of legal expert are concerned with legal innovation and the reformation of the law of criminal procedure, they have lots of pretty advice. But if we study it form macrograph, the legal innovation and the reformation of the law of criminal procedure relate with the judicial system of the accused and the defended. We can make our law system and rationality.In this paper, firstly I define the judicial system of the accused and the defended and analyze it’s connotation to help you realize it. Then the article elaborates the basis of the judicial system of the accused and the defended. Analyze the foundation from the perspective of equality to prove the importance of this theory and state the role of this theory in our social. Then I describe the basis of this theory from the perspective of the basis of equality to offer liable legal basis for my theory. Specifically, I get the value of protect human rights, entity justice, program justice from this theory.There is something all about the basis theory in the he front depart of this paper. We all know that theory is useful only when it is used in the action. So I must establish this system in our law of criminal procedure. But there is no source in our country. It was born and grown in western countries. So it will be a challenge to establish it in our country. I have some ideas, for example, change our attitude, converse the mode of trail, protecting the rights of legal aid from lawyer.I study this theory very strictly. However, I also try to do some innovation. Firstly, I get the generalized definition of this theory. I think that this theory is not only used for the trial but also used for all the criminal proceedings. This is for avoiding one-sided and maintaining a logical connection. Secondly, I propose a view of that there are inherent deficiencies in criminal proceedings. I think all of the criminal proceedings are born with the deficiencies of that it is not fair and also easy to aggressing human rights. At last, I propose change the mode of trial which is different from others. They didn’t get the key of the legal innovation. Even they ignore the connection of all the system of law. Only changing the criminal proceedings can we settle the problem and maintain the system and rational of the law.