On The Improvement Of The Designated Defense System

The new criminal procedure law has enlarged the application and the stage of the designated defense, further strengthening the protection of defense rights of prosecution. The lack of effective defense security mechanism, and the conflict between the limited fund and a large number of criminal cases urgent assistance to resolve make perfecting the appointed defense system have become an urgent problem to solve. This thesis is composed of the following 4 chapters.The first Part discusses the progress of appointed justice in new Criminal Procedure Law. The second part mainly studies the current situation of appointed defense,and claim that the defense should be demonstrated as effective defense to carry out the trial centered requirements,to realize the principle of equality, to implement the concept of human rights protection requirements, to carry out the principle of presumption of innocence requirements.The third part mainly discusses the present problems of the appointed defense, including the practice and the system. The former includes the inactiveness and the inexperience of the lawyer, the latter contains that without the implementation in the pretrial stage and the death penalty review stage, the lack of supervision of designated defense, specify standards loopholes, the unsmooth relationship among the public prosecutor, law and legal aid agency coordination mechanism.The fourth part gives the suggestions about improving the appointed defense. Including expanding the applicable scope of the designated defense, setting the bottom line of appointed defense lawyer qualification admittance, establishing procedures of defense relief channels, improving the supervision mechanism, making illegal sanctions mechanism, Broadeningcapital source channel and build coordination mechanism among the Public Security Division, the Procuracy, the Court and the Justice Bureau.