The Theory Of The Establishment Of The Public Defender System In Our Country

The right to defend is one of the most basic rights for the prosecuted people. In a manner of speaking, the right to defend throughout the each stage of criminal procedure, it can guarantee being prosecuted people exercise their litigation rights, already disadvantaged of the defendant with the litigation right to safeguard the legitimate rights. In the face of strong national public authority, only with the help of a professional lawyer’s defense, they can against the state organs, safeguard the legitimate rights. Let the judge comprehensive defense opinions of both sides to make impartial court.The public defender system can effectively protect accused person exercise the right to defence. It have good effect on our country’s criminal legal aid system. By national finance pays provides high quality legal aid services for economic difficulties being prosecuted people. Both to carry out the principle of national respect and safeguard human rights, and can maintain justice, the most important thing is to meet the requirements of the reality of poverty by prosecutors. However, the public defender system has not been established in our country. In reality, our country still has a lot of the defendant can’t hire a lawyer to defend themselves effectively because of financial difficulties.In this respect our country has lagged, the developed countries did a good job of protection to the rights of the weak accused person, and attach great importance to this aspect of the system construction, they has established the system of the country’s public defender. With the improvement of economic level in our country, the increase of the citizens’human rights consciousness, people begin to pay close attention to safeguard their own individual rights, especially the weak accused person’s legal rights. Set up a public defender system can effectively guarantee the litigious rights of the citizens.In order to find a can not only guarantee the litigious rights of the poor by prosecutors and public defender system suitable to China’s national conditions, this paper discusses from the following several aspects. The first part through the clear definition of the concept of public defender system and discusses the similarities and differences of public defender and legal aid and summarizes the theoretical basis of the system, it is concluded that countries must undertake legal aid responsibility for the poor accused person.The second part introduces the system of Taiwan public defender system, looked at the public defender system of outside countries such as British and American. This paper discusses the system of public defender in the development of these countries and districts and sums up the characteristics and significance to our country.The third part from the perfect and development of our country’s criminal legal aid to establish our country’s public defender aspects that discusses the present situation of criminal legal aid in our country, and analyses the existing problems, points out that Shanghai pudong take the lead to carry out the public defender’s office practice to improve this situation in China, this is feasible, but should be further refined. Then discusses the feasibility analysis to set up a public defender system in our country.At this stage, to set up the system of public defender is not only the requirement of the state to carry out the principle of respect and safeguard human rights, but also meet the demand of criminal legal aid. And from institutional setting, selecting talents, financial support, many aspects carry on the analysis, proposed the feasible proposals to public defender of our country.