Inspiration From Japanese Government Lawyer System

Under Article125of China’s constitution,“A defendant has the defense right”.However, according to the low rate of criminal defense, obviously, the right was notgenerally realized in our country. Many citizens and scholars regard legal aid system as auniversal relief. But the system is unreliable for it is a special aid out of common interest.It is ridiculous to build a country’s criminal system on the foundation of “do good deeds”.The newly revised criminal law added the term“legal aid institutions” in its version.However, it is essentially limited to the regulations of“Legal Aid Ordinance of thePeople’s Republic of China”，which provides tha“tthe standard of financial difficulty refersto the minimum living standard of the local government where legal aid is implemented.”Compared with Japanese government lawyer system, we can find out that there are twodifferent systems to realize defense right. One provides universal defense, the other specialaid. Therefore, it is necessary and possible to adopt the Japanese government lawyersystem step by step on the basis of China’s internal situation and difference between Chinaand Japan. The measure will substantially advance our country’s judicial protection ofhuman rights in the procedure, effectively stimulate and enhance the judicial personnel’sability to handle cases. In conclusion, it will greatly improve our environment for the ruleof law and judicial civilization condition.