The Right To Compulsory Process Of Criminal Defendant

The criminal defendant’s right of compulsory process is the right that the accused person in criminal lawsuit, endowed with mandatory program or applying to the court to obtain the favorable evidence for his own.The right originated in the16th century England,but it develops scientifically and perfectly the in the United States. With the protection of human rights, more and more countries protected this right as a constitutional right, international conventions also treat the protection of this right as the international standards of justice. In our country, the legal provisions about the compulsive collecting evidence of criminal defendant are relatively simple and general, compared with other advanced countries in the legislation,this right in China has many problems to conquer. So, I think, in addition to establish an effective constitutional remedy mechanism in the legislation, our country also should improve the litigation system and deepen the reform of the judicial system and working mechanism. We should actually protect the right to ensure fair and justice of the litigation process. This paper expounds the experience of other countries, from which we can find out some problems in our country, so as to continuously develop and perfect the right to compulsory process of criminal defendant.