Research On The Public Defender System

The right to defend is the core content of human rights protection in criminal justice. Although the constitution and criminal procedure law stipulates clearly the criminal suspect or defendant shall have the right to defend, But in the criminal judicial practice, the right to defense on the part of the criminal suspect or defendant cannot get protection, because lacking the ability to defend himself or unable to hire persons as his defenders. The public defender system refers to a system that in the criminal lawsuit, Countries in order to assume its responsibility in criminal legal aid, through the public identity of professionals to act as defenders, provide defense for those who conform to the conditions of poor. China’s current criminal legal aid has faced the Dilemma of narrow criminal legal aid and low quality, Can’t guarantee the right to defense of poor parties, so it is necessary to establish the public defender system in our country,and establish public defender is given priority to the diversification of criminal legal aid system. Building a public defender system related to the practical of our country, a basic of keep equality fight of Both parties, the need to safeguard judicial justice, the reflect of state respects and safeguards human rights.This article consists of five parts, except the introduction and the conclusion. It mainly about theoretical overview, extraterritorial investigation, the necessity and feasibility of the establishment, the construction of specific systems:The first chapter is the overview section of the public defender system theory, mainly presents the concept and characteristics of the public defender, than describes the relationship between the criminal legal aid system and public defender system, finally demonstrates the theoretical basis of State responsibility of the public defender system.The second chapter is the extraterritorial investigation of public defender system, mainly introduces the development status, organization system, funding problem and the range of aid case of the public defender system in the United States, Britain, Taiwan, finally commented on it.The third part analysis the necessity and feasibility of the public defender system, first elaborated the necessity of the public defender system from implement legal aid of State responsibility, keep Equality fight of Both parties, achieve of civil rights, safeguard judicial justice and state respects and safeguards human rights, than analysis feasibility from policy support, human resources, capital and other point of factors.The fourth part is the concrete construction of the public defender system in china, mainly from implementation of the main body, organizational system, the range of aid case, funding ensure, quality supervision.