The Research On The Relation Of Trial And Defense In Criminal Procedure

To some extent, the situation of the trial-defense relation in criminal procedure in acountry, is an important measure of the country’s level of democracy and the rule of law. Butthe theory of criminal procedure did not pay sufficient attention, which affects thewell-developed theory of criminal procedure ongoing in-depth research and related legalsystem. It also led to the relation of trial and defense extremely nervous in the practice ofcriminal justice. Research on the trial-defense relation, not only helps to broaden the basis ofthe theory of criminal procedure, but also helps to regulate the relation of trial and defense incriminal procedure, and resolves the conflict between trial and defense in judicial practice.In addition to the introduction and conclusion, this paper is divided into four parts, morethan29000characters.The first part analyzes the concept of the trial-defense relation in criminal procedure, thefundamental principles and significance the trial-defense relation follows. the criminaltrial-defense relation is the relation between the subject of referee and the subject of defensewho implement their own behavior to achieve a common purpose in criminal procedure. Thetrial-defense relations need to follow the principle of trial-defense equality, principle oflitigation care, principle of neutrality and principle of effective defense. The completetrial-defense relation takes great significance to optimization of the structure, achievement ofsubstantive justice and procedural justice.The second part examines the main issues of the criminal trial-defense relation. The firstpart of the debate analyzes the trial-defense equality in two dimensions: the trial-defendantequality and the trial-attorney lawyer equality. And then, this paper finds that the trial-defenseconflict phenomenon are the following types: defense lawyer "downtown court"; the judgesrestrict or deprive of the right to counsel and the judges and lawyers confront each other.The third part discusses the main causes of problems the criminal trial-defense relation.This part points out the various causes of conflict commenced, in which the main reason isthat the procedure instrumentalism, the traditional concept of litigation procedure nihilism, thetraditional concept of litigation structure and the judge neutrality influence those problems,the other reason is that judges is not independent. No legal occupation community is the most important reason of all.The fourth part puts forward some measures to straighten the criminal trial-defenserelation. This part puts forward that judges exercise judicial power independently andimpartially according to law, exercise effectively guarantee the defense rights of lawyer,strengthen the judge’s duty. The core of measure of the trial-defense relation is how tocontinue to establish the legal professional community in order to straighten the criminaltrial-defense relation and resolves the conflict between trial and defense in judicial practice.