A Study On The Procedural Defense In The Criminal Procedure

In the juridical practice of our country, substantive defense is the main part of the criminal defense. In recent years, along with the international community is widely concerned on how to protect the criminal suspect’s human rights and other legitimate rights and interests. The criminal procedure law of our country has been revised in 2012. The new criminal procedure law has added a series of new regulations, which mean to protect the criminal suspect’s human rights. Some of the new regulations have increased the rights of the defense lawyers. These new regulations provide the legal basis for the criminal procedural defense. This also makes it possible to implement and develop the criminal procedural defense.Through the analysis of the basic content of procedural defense system and investigation of the foreign system. This paper mainly analyzes the present situation and existing problems of procedural defense in China. The main purpose is to provide suggestions for the improvement of procedural defense in our country. The author thinks, if we want to fully improve procedural defense system, we must make clear excuse of procedural defense, establish an independent procedural judicial review mechanism, ensure the procedural participation of lawyers, and perfect the procedural sanction measures. Only by perfecting the relevant basic system, the development of procedural defense can be operated, and can be realized.