Study Of Criminal Defense System

With a significant role in a country’s law of, criminal procedure not only reflects acountry’s judicial justice, but also related to human rights protection of each of the parties.The revision of Criminal Procedure Law makes the criminal procedural law in China anew step again, but there are still some problems needed to be further solved, especially inthe lawyer’s rights, having restrictions on the lawyer’s right to travel but give lessrights,whai influences not only a lawyer’s enthusiasm involved in the case, but alsodriving the parties of their rights.This paper mainly studies on criminal defense system, by comparing with the law inother countries, finding out the parts needed to improve about lawyer’s legal rights in ourcountry, and giving to consummate the suggestion. This article is divided into five parts.The first part is the comprehensive analysis about the criminal defense system of domesticand foreign present situation, selected the background and significance of this paper. Thesecond part is, through the introduction to the basic theory of criminal defense system toclear the importance of the criminal defense, as well as the characteristics of the criminaldefense and its content. The third part is analyzing the defense system of criminalprocedure in China, through analysising of several rights of lawyer to discuss thedilemmas of defenders in the process of driving defense. The fourth part introduces thecharacteristics of defenders system in two important legal systems and compares with thedefenders system in China. The fifth part puts forward suggestions to improve criminaldefense system on the basis of the above analysis, and puts forward suggestions ofperfecting our country’s criminal procedure rules.The innovation of this article is give analysis to the lawyer’s rights is with emphasis,through the comparison of each kind of right to find the breach of the law in our country,and points out the significance to improve of lawyer’s status with perfecting theprocedural rules of criminal procedure.Safeguard the rights and interests of defendants is to safeguard the rights of theaccused, and safeguard the rights of the accused is to be safeguaring the rights andinterests of each of us.Therefore, the perfection of lawyer’s defend, makes every client getentity justice in procedural justice.