Improvement Of Our Defense System In The Investigation Stage

The right to defense is the suspect in order to safeguard their legitimate rights and interests. It is the right to present evidence and reasons to refute the allegations and prove that the accused person is innocent or mitigating criminal responsibility. The right to defense is the fundamental right of the accused which the law endues to protect their legitimate rights and interests. The newly revised Code of Criminal Procedure in2012largely reforms and improves the suspect’s defense system which has great significance for the judicial justice.The suspect has the right to self-defense and entrusted defense. In the investigation stage, the right of self-defense has certain limitations because that most of the suspects is in custody. Therefore, the law gives the suspects the right to appoint a defender. The newly revised Code of Criminal Procedure gives the suspect the privilege against self-incrimination and permits the lawyer participate in criminal proceedings in the investigation stage. The newly revised Criminal Procedure Law of the People’s Republic of China brings hope to the protection of human rights of criminal suspects during investigation, but the newly revised Code of Criminal Procedure still has defect. This article is in order to study the improvement of the suspect’s defense system.This article is divided into four parts. The first part is starting with the definition of the right to defense of the suspects. This part presents the meaning and the theoretical basis of the suspect’s defense. The second part investigates the foreign suspect’s defense system during the investigation stage and summarizes the experience of the foreign countries. The third part analyzes the problems of the suspect’s defense system in the investigation stage and researches the causes of these problems. The fourth part is the end result of this article. We can receive the measures how to improve the suspect’s defense system in the investigation stage. These measures include the improvement of the right to self-defense and entrusted defense and the establishment of the judicial review system.