New Research On The System Of Defense

The defense system is an important part in Chinese judicial system. It is the content of the right to defense,defengders and defense principle and a series of the floorboard.It is a system that the criminal suspects,defendants and the defenders assist the judicial organ ascertain the case facts and maintain the legal rights and interests to ensure that laws are implemented according to the facts and the law in criminal procedure law.It is the most basic procedural and the most core component.which is enjoyed by criminal suspect and defendant.This text thinks about defense system and analysis the adjusted defense system problems in practice and put forward how to correctly apply in practice from six aspects based on the new criminal procedural law.Grasping the state power and hasing the final case decision is judicial organ while lawyer is just a private citizen who provides legal service for the society and also in the judicial process in China. A lot of judicial personnel have strong sense of superiority on lawyers. Prosecutors,judges and polices teeat the criminal is the same,t.hat is to say be crack down harshly.As a lawyer who is adentified as criminal maintainers goes into defense system against with judicial office.They shift attitudes towards to lawyer,which formes true judicial discrimination.Many problems happends in the socity suah as that defendant’s self defense is unrenlized and defence lawyers enjoy right time is later and soon.More than that, human right abuses phenomenon often happens in defense procedure. So reform is very important to perfect the defense system.Only give and safeguard of the right to defence that full and real ability will be against the prosecution power to get a blarnce of right and power,control and argue and realize the goal of value.The lawyer defense system has been widely established in the modern country. Many countries attach great importanceveral major to the reform of criminal defense system.Chinese criminal defense system also experienced several major revision,although expant the right to defence on part of the defendant,there are still some insufficient.Our country organize a batch of law experts and scholars to modify criminal procedure law in oeder to protect criminal suspects,rights beteria better, reduce the gap between criminal judicial criteria criminal and the United Nations.The criminal procedure law makes a significant adjustment on the basis of respect and safeguard human rights principle. It redefines the responsibility of the defender,delets the defenders put forward to prove the responsibility of the defendant is not guilty,sin light,aterials and opinions in the poor.It changes legitimate rights and qinterests to interests and other legitimate rights.It modifies the legal aid system, advances the legal aid of the time, adjust the program of legal assistance.It not only guarantees the right to carry out but also strengthens the pre-trial phase the realization of the right.It makes the criminal defense system from the trial centered to investigation,view and prosecution and trial comprehensive defence.In the modern country,criminal defense system has a important position in the criminal justice system.The criminal defense system makes a series of major reform and perfect on crimanal defnse system makes a series of major reform and perfect on criminal defense system. It will raise the level of our country judicial civilization and be beneficial to maintain the rights, promote the public security organ to improve working level and working quality,furtherly promote the progress and development of criminal justice in China.But some of the provision is too principle,simulation of ambiguity or contradiction.These can be made up through the subsequent judicial explanation. We can make the spirit of the law practice to better only in this way.