Study On Criminal Litigant Assistance System

With the deepening of the judicial reform and the growing popularity of the human rights concept,the society is paying more attention on the criminal litigant protection. Criminal litigants need adequate lawsuit support to fight against the unlawful infringement from the special state and their staff,but the existing system of criminal defense and system of representative can not meet the demand.More than twenty articles in the Criminal Procedure Law of the PRC stipulate that the litigant may be accompanied by family members,relatives,guardians,or legal representatives in the criminal procedure.They may present views,implement litigation actions on his behalf,defend or argue for him,to ensure that the legal rights of the litigant are protected.The stipulations on this are different from the defense system and the representative system,but the Criminal Procedure Law of the PRC does not give a specific name for it.Thus,in this article,the author argues that the rights of litigant`s representatives should be integrated into a system of litigant assistance according to the roles that these articles play.Such a system of litigant assistance differs from prevalent systems in Germany,Japan and Taiwan Region of China,although they are broadly similar in nature.Eighteen big forth plenary session, 2013 formally pulled open the curtain in the third round of judicial reform.In this context,how is the practical effect of the above twenty articles?What is the future direction of development?At present,dose China have relevant legislation condition?The academic need to give an answer on these issues.This article mainly divided into four chapters.The first chapter mainly introduces the basic knowledge of criminal litigant assistance system.The first section mainly introduces the current situation and the main drawback of relevant legislation.The second section mainly differentiates and analyzes“the criminal litigant assistance system”and“the criminal aid system”,defines the basic meaning of the criminal litigant assistance system.The third section mainly compares the criminal litigant assistance system with relevant criminal system,clarify some misunderstandings.The fourth section briefly introduces the practical situation of the criminal litigant assistance system in the form of case.The second chapter mainly introduce the “the criminal aid system”in the Qing Dynasty,the Republic of China and German,Japan,Taiwan Region of China.On this basis,the author compares the criminal litigant assistance system with relevant criminal system in detail,summarizes the common,analyzes the difference,nails down the significance of relevant legislation in other countries.The third chapter can be divided into three sections.The first section briefly introduces legal basis of the criminal litigant assistance system.The second section mainly discuss the necessity of establishing the criminal litigant assistance system The third section mainly discuss the possibility of establishing the criminal litigant assistance system.The discussion in this chapter laid the foundation for the following.The fourth chapter mainly introduces author`s legislative proposals on the criminal litigant assistance system.The first section puts forward the basic path to establish the criminal litigant assistance system.The second section indicates five points needing to focusing on.The third section indicates three problems needing attention during the process of establishing and improving the criminal litigant assistance system.