Research About Access To Criminal Defense System

For a long time, our country’s criminal defense quality criticized by scholars and the general public, criminal defense has been reduced to "form". Face this embarrassing situation, many scholars and lawmakers have been looking for countermeasures to improve the quality of criminal defense, most of these solutions from the complaint right restriction, standardization of judicial power, protect the rights of accused person, such as Angle, although has some effect on the improve the quality of criminal defense, but also has its limitation. In this case, another path to improve the quality of criminal defense, by setting the criminal defense access conditions to improve the quality of criminal defense, namely access to criminal defense system.Article mainly at present, the problems faced in the criminal defense and domestic research status is analyzed, and the focus of scholars dispute has carried on the summary, proposed in this paper, the main research methods, contents and innovation points. Although access to criminal defense system in our country is still a has just been tread, but in some countries have already set up, so whether can also be set up in our country and the necessity and the possibility of criminal defense system? Even if meet the necessity and feasibility of condition, whether meet the legitimacy requirements? The article has carried on the preliminary discussion on the basic questions, and further puts forward the concrete construction of access to criminal defense system in our country. The author believes that access to criminal defense system is not the first, outside of some countries or regions have rules, such as the United Nations related documents, the United Kingdom, the United States and other countries have rules, so I must have the rationality of its existence, and from the reasonable difference based on vocational ability, legitimacy and rationality demonstrates the setup and the justification of the system of admittance of criminal defense. At the same time, set up access to criminal defense system, which is beneficial to improve the quality of criminal defense, protect the lawful rights and interests of the parties, and achieve effective defense, and the number of legislation for reference, the lawyer from countries outside the care and support of legal aid system, suggests that have set up the feasibility of this system in our country. On the basis of these, the construction of access to criminal defense system. Through serious cases according tothe level of the court and criminal defense access requirements for different complexity,and the first since the death penalty cases, legal aid cases, step, hierarchical set up access to criminal defense system, and set up the corresponding supervision and management mechanism. In order to guarantee the good operation of the admittance of criminal defense system, to perfect the related system, such as a sound system of legal aid, specific countries bear the payment obligation of criminal defense, the improvement of a lawyer’s practice environment and improve the system of lawyer fees, to solve the problem of our country criminal defense quality not equal to idea.