The Research Of Public Defender System

During the criminal procedure, the importance of defence right for the accused isself-evident. If right to defense is not performed effectively, so in the face of strong organs ofstate power, the criminal suspect or defendant is unable to compete with them. Although thecriminal suspect or defendant can self-defense, Confined by most of the criminal accusedperson lack of legal professional knowledge, and limited after being involved in the judicialproceedings, caused by their own power hardly to put forward the valuable defense forconviction and measurement of penalty. Therefore, it’s urgent for the accused to get effectivedefense attorney.However, in our country the criminal defense rate is low and the criminal defenseefficiency is poor, especially dissatisfactory in the effect of criminal legal aid. CriminalProcedure Law amended in2012expands the scope of legal aid so as to be sentenced to lifeimprisonment case into mandatory defense, and for economic difficulties cases, party canapply for legal aid. Though the revision of new criminal legislation law provides thefoundation for the perfection of criminal law aid, it can not deny that there still manyproblems in it. The most fatal one is that the ectopic of national responsibility and the layer ofcriminal law aid’s play games which caused defense especially the defense in court becomeformality. And this situation has already denounced by insiders for a long time. As a branch ofcriminal legal aid system, public defender system has developed to be mature and perfect onabroad. Public defender is employed in the country, and provided professional defend servicesfor the poor and weak criminal prosecution person. At present, the public defender system stillbelongs to new things in our country, and the researches on public defender system is alsofaced with a series of theoretical and realistic problems.The author will discuss some problems that happened in establish of public defendersystem in our country. The main text can be divided into four parts as follow:The first part: mainly explains the overview of the public defender system, and based ontwo aspects: the basic conception of public defender and establish a system of public defendertheory.The second part: mainly introduced public defender system in the United States, Britainand Taiwan.The third part: discuss the feasibility and necessity of setting public defender system inour country.The fourth part: put forward the framework of public defender system in our country. It mainly probes in five aspects: the nature localization of public defender, qualification,procedures of criminal defense, supervision and management of the practice andorganizations of public defender system.