Concerning The Improvement Of The System Of Investigation Phase Defense

The right to defend is one of the important rights to safeguard their own lawful rights and interests the criminal suspect and legal to give right of criminal suspects against charges of a fundamental right.Only truly enjoy the right to defend,criminal suspects can through the equality of the defendant,finally realizes the fair justice results,to maintain social order stability the purpose of the criminal proceedings.Our country existing in the protection of criminal suspects the right to defend in the criminal procedure law,compared with before,there is a big reform and perfect,it is pay attention to the important of human rights protection in our country,it is of great significance.The country's "criminal procedural law" provisions of the criminal suspect to exercise the right to defend the way has two kinds,one kind is to defend oneself,one kind is commissioned.In the investigation stage,due to the freedom of the person of the criminal suspect is usually limited,the criminal suspect by himself is hard to achieve the purpose of safeguarding the legitimate rights and interests of their own.Therefore,developed countries are endowed with the rights of criminal suspects in the investigation phase briefs,our country current criminal procedure law also established the defenders of lawyers in the investigation phase.However,like any reform is not achieved overnight,the current of the criminal procedure law in the protection of criminal suspects the right to defend and protect human rights in although made a big improvement,but some problems still exist,there is still incomplete,and this is also the starting point of the author to write this article.This article is divided into four parts,the first part illustrates the theoretical basis of the investigation phase defense system,from the perspective of the theory,the rationality and necessity of the investigation phase defense system;The second part is the investigation phase defense system in the developed countries under the rule of law in today's society,summed up the investigation phase defense system present situation and trend of development;The third part first introduces the problems existing in the investigation phase defense system in our country,and combining withthe theory basis and the second part of the first part of foreign experience,put forward the improvement in the investigation stage the advice of the defense system;The fourth part is the summary of the brief for this article,at the same time also expressed the author investigation phase of the development of the defense system of our country some expectations.