Defense System Of Mandatory

Mandatory defense system, which comes out in order to protect the rights of the accused to defense, belongs to the system of criminal defense and developed to a certain historical stage of the development of the criminal defense. With the development of criminal proceedings, protection of civil rights gradually extended to the stage of criminal proceedings. Criminal proceedings are no longer to hold the defendant for a single purpose, but also to implement the criminal proceedings by the way "just visible". Mandatory defense system is generated in response to this need, which is manifested in the form of counsel in criminal proceedings, strengthening the right of the defendant’s defense to enhance the strength of the defense as the specific means, ultimately achieve the goals of opening the proceedings, prosecution and the defense side of equality of arms, the democratic process, the rational allocation of judicial resources and the value of criminal proceedings, such as fairness, justice, efficiency, and to balance the values and realize the concept and requirement of the rule of law. As a result, with the principle of the civil rights and freedom free from unreasonable infringement, democratic procedures and procedural justice, equality of arms and litigation efficiency, a mandatory defense system was generally established in criminal proceedings among international community of nations and regions. In this paper, mainly with literature, historical analysis and comparative study of methods, the author elaborates the concepts and the concepts-related of mandatory defense, describes the generation and development of mandatory defense. The International Conventions on the relevant provisions of the mandatory defense are introduced, and also the specific status of legislation and judicial practice, while comparative study is had of representative national compulsory defense system in legislative and judicial. On this basis, a mandatory defense system can be launched in our discussion. The text is divided into four parts.The first part is the description and analysis of the basic concepts of mandatory defense and nature. It is clearly been seen that mandatory defense is a part of criminal defense and a result of the of development defense right on which mandatory defense" development relies. After a comparative analysis of various concepts for the understanding of the mandatory defense, the article points out that in the modern meaning, the definition of mandatory defense is that in criminal proceedings, with no defense by counsel, the results of the case is invalid. It is built on the basis of the theory that lawyers involved in litigation will not only help safeguard the interests of the accused, but also helps to achieve substantive justice. Comparative analysis on the mandatory defense with legal aid and with designated defense is made and it is further clarified that the mandatory defense of the extension and intension, with the important role and status in criminal defense.The second part is of the theoretical basis for the mandatory defense in depth discussion, to clear the legal meaning behind it. The main theoretical basis for the mandatory defense concludes civil rights and freedoms free from unreasonable infringement, democratic procedures and procedural justice, equality of arms and effectiveness of the proceedings. The modern concept of the rule of law to protect basic human rights reflected in the criminal proceedings is the protection of civil liberties and rights in criminal proceedings. The accused in this field should also be treated as a person, free from any unreasonable violation from organizations and individuals. The state agencies involved in criminal proceedings makes the natural structure of criminal proceedings do not have neutrality of judges and other features which the legal structure of equality of the prosecution and the defense should have. Therefore, in. order to protect the rights of the accused, make the prosecution and defense of equality, the criminal process must be equality of arms. In the mandatory defense system, defense counsel’s mandatory participation in the proceedings makes it an equal armed procedures, rules-based, and protect the procedural justice and fairness, and reduce and prevent miscarriage of injustice and torture and the occurrence of other violations of a statute of the personal rights. It can reduce the appeal and complaints reduce waste additional case, with the rational use of judicial resources, and the principle of efficiency can also be reflected in it.The third part is in an international perspective, of the introduction of the general requirement of the documents about the mandatory defense in international treaties. And it selects the compulsory defense systems of national legislative and judicial contrast of Germany, Japan, and the United States. Analysis is concluded that Setting mandatory defense system can not only meet nature and characteristics of the mandatory defense itself, but also be according to some amendments to their actual situation. And to provide these countries and regions of Hong Kong. Macao, Taiwan and the characteristics of the system model for reference.The fourth part aiming at our current defense system, describes the development of China’s right to defend the status quo, the problems of existing systems, and hopes to establish our mandatory defense system to solve the existing problems. In this paper, I show the idea of mandatory defense system and the specific contents to build, and try to provide some specific design recommendations, and point out that setting mandatory defense system should also consider supporting systems, such as improve and amend the systems of lawyers and legal aid to reduce implementation difficulties of the mandatory defense system, enhancing the effect of the implementation of mandatory defense system..