Research On Ineffective Defense System

Defense system is of great significance to guarantee the legitimate rights of the accused. And whether defense system is complete or not directly determines the level of the rule of law in a country. Ineffective defense system, as a sub-system of defense system, has been established for many years in Anglo-American countries, and still plays a great important role in the judicial practice. Unfortunately, our country has created a more complete defense system, but has not yet established an ineffective defense system, and even few involved in academic studies.Starting from the analysis of the judicial practice, the article discusses some main problems of the defense system in China. Then it elaborates the history from right to defense to the development of ineffective defense system. Later is mainly about concept of ineffective defense system and the national invalid defense constitution in the United States and England, which in order to allow people to make a full understanding of the ineffective defense system. Next is to analyze the necessity and feasibility of learning and establishing the ineffective defense system. Finally, it attempts to establish an ineffective defense system in accordance with the situation of our country.