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The Research On Public Defender System

Posted on:2014-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2256330401478393Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As significant supplement of legal aid in criminal law, the aim of publicdefender system is to offer free legal service and aid for the accusedwho cannot afford to engage a lawyer because of the limit of economic orother conditions. This is the need to put the principle of human rightsprotection into practice, to balance prosecution and accused and to meetthe demands of general poor and weak accused. This kind of system, however,has not been established in our country. There exist a large number ofcriminal suspects and defendants who are unable to do effective defensefor them due to economic or legal accomplishment’s restriction.To explore a development road which can protect poor and weak accused’sprocedural rights practically and suits to China’s national conditions,this paper is analyzing as follows:The first chapter defines the concept of public defender through comparingand summarizing the theoretical basis of public defender’s system,defining that state is subject of duty of protecting poor and weakaccused’s defense rights of lawyer. The second chapter examines thedevelopment situation of this system in other countries or districts,summarizing the reference meaning for our country. The third chapter fullydiscusses the necessity and feasibility of establishing the system in ourcountry currently. It is not only the requirement that state should respect and safeguard human rights, but also the demand of remedyingcurrent system of criminal legal aid’s insufficiency, which is feasible.And the fourth chapter explores many aspects of this system and offer basicconception of establishing public defender system in China, for instance,suitable objects, applicable stages, regulatory system and so forth.
Keywords/Search Tags:Public Defender, Poor and Weak Accused, Legal Aid in Criminal Law
PDF Full Text Request
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