Research On The Autonomy Defense Right Of The Accused

As the cornerstone of achieving fairness and justice,the autonomy defense right of accused has an important role to protect the litigation rights and interests of the accused.But at present,our country mainly has the following phenomena,there is a lack of protection of the autonomy defense right of accused in the legislation,there is a conflict between the autonomy defense right of accused and lawyer's right of independent defense,the right to autonomy defense be empty,the right to autonomy defense lack of external security etc.There are many reasons for the exercise plight of the autonomy defense right of accused,it mainly includes the judicial atmosphere of the tendency of objectification of accused,the content of autonomy defense right is lacking,the role of defense lawyers are also blocked,the accused person's own condition is insufficient and there is a contradiction between the right to know and the reliability of the verbal evidence and so on.It is necessary and legitimacy to protect the autonomy defense right of accused,from the angle of the principle of respect and protection of human rights in China,to protect the subject of the accused litigation status,as the role of defender,to realize the procedural justice,to enhance the acceptability of the referee and to discover the truth of the case etc.However,there are still some negative effects on the effective exercise of the autonomy defense right of accused,such as,to induce the accused implement the act of obstructing a lawsuit,increase judicial burden,improper exercise of the right to autonomy defense may damage its own interests.Therefore,our country should protect the defendant's right to autonomy defense from the following aspects.First of all,protecting the subject litigation status of the accused;Secondly,establishing a limited right to know,including the establishment of Meeting right of the accused,restricted reading right,the right to investigate and collect evidence,to ensure the effectiveness of defense;Then,focus on the protection of accused in the absence of defense lawyers involved of the case;Thirdly,to avoid the exercise of the autonomy defense right obstructing reliability of confession;Finally,coordinating the relationship between the autonomy defense right of accused and the lawyer's right of defense,explicit the independence between lawyer's right of defense and the autonomy defense right of accused,establishing the consultations and exit mechanism between the accused and the lawyer.