Research On The Right Of Self Defense Of The Defendant

At present,in judicial practice,there are still a lot of criminal cases,and defendants can not get the help of counsel.They have to rely on their own defense to exercise their litigation rights independently,so as to safeguard their legitimate rights and interests.At the same time,there is no interruption in the academic circles about the defendant's litigation rights.However,the definition of the scope of the defendant's litigation rights and the conflict of defense with the Defending Counsel still exist.With the 2012 amendment of the criminal procedure law,the defendant's self defense rights once again into public view,based on this background,the concept of Professor Chen Ruihua first proposed the defendant to defend the right of autonomy,and with the defendants meeting right,marking the right of litigation rights are discussed,in order to further improve the defendant litigation subject the right to defense.On the basis of many scholars' research,this paper tries to make a further interpretation and interpretation of this concept in order to make a more comprehensive grasp of this theory.Although the scope of the right scope of the right of self defense of the defendant may be different,the definition of the right of the defendant is different.The author believes that the defendant the right to defense refers to the defendant as the subject of litigation right,the right according to their own will for the prosecution of the accused by performing a series of litigation rights to defense,so as to weaken the prosecution allegations,safeguard their legitimate rights and interests of the.It has three characteristics:specificity,priority and autonomy.It is based on the protection of human rights,procedural subjects,procedural justice and balance between prosecution and defense.It is also lack of lack of legitimacy and feasibility analysis.It tries to make the defendant's right of self-defense to be recognized in all aspects.This paper first defines the defendant the right to defense the meaning,characteristics,scope,significance and other aspects,and then discusses the theoretical basis,and then the legitimacy of the defendant in common law countries and civil law countries self defense rights situation briefly,through the comparison of the defendants in China at present the rights of self defense the problem,based on the judicial practice in our country at present,put forward the countermeasures from several aspects,including the proposed corresponding countermeasures and other aspects may affect the rights of the accused the defendant from the point of view,such as strengthening the construction of lawyers,safeguard witness proof etc.,so as to effectively protect the defendant autonomy rights of defense.The current research status of the defendant in self defense rights,mostly from the angle of human rights safeguard on the defendant's specific rights,such as the defendant's right of meeting,marking the right,representative works of Professor Chen Ruihua"criminal defense concept","criminal procedure before the words" research,etc..However,the theory of the defendant's right to defend himself is not perfect and mature,and the lack of systematic and comprehensive research needs to be further discussed.Mainly from the following aspects:First,the theoretical basis of the defendant's right to self defense.The theoretical basis for the defendant the right to defense,although the legitimacy of Professor Chen Ruihua from the perspective of a detailed demonstration of the defendant self defense right,but mainly from the perspective of the value of litigation rights of self defense to prove,in addition,should also be considered from the angle of human rights theory,the theory of procedural justice,dignity theory,equilibrium the theory of further discussion of the defendant's rights of self defense.Second,the content of the defendant's right to defend itself is combed.Although professor Chen Ruihua first proposed the concept of the defendant's independent defense right,it was only elaborated from the angle of the defendant's right to meet and read the papers,and the other defendants' self defense rights still lacked detailed research.In addition,through the analysis of the defendant's right to defend in the continental law system and Anglo American law system,we can find some places to learn from and reflect on it,and further improve the defendant's right to defend himself.Third,the relationship between the defendant's right to defend himself and the right to defend the lawyer.There are differences and connections between them.By analyzing the inner relationship between them,we can further improve and strengthen the protection of defendants' right to defend themselves on the basis of lawyer's right to defense.Fourth,the right to self-defense of the defendant to improve the right to perfect the mechanism.The defendant's right to defense is independent of the concept of Professor Chen Ruihua modifications in the criminal procedure law is put forward for the first time,the present situation and research current theories are not mature,such as the defendant the right to defense concept definition,theoretical basis and need further discussion,not to mention the perfect mechanism the problem.