On The Necessity Of Establishing Public Defender System

In the process of criminal prosecution,the importance of lawyer's right to defense to the human rights protection of the defendant is self-evident.At present,although the situation of legal aid has been improved in some degree after the revision of the new"Criminal Procedure Law",the criminal defense ratio in China has not been significantly improved.The main reason for this status is the existing application-based law.The aid approach cannot respond to the substantial increase in the number of legal aid cases in practice.In order to better realize the important value of lawyer's right to defense,we must reform the current forms of legal aid,so that the legitimate litigation interests of each defender are protected.The public defender system originated in the Anglo-American law system countries.As a method widely used in criminal legal aid in extraterritorial regions,the public defender system is characterized by its publicity and obligation.The system is implemented by the state financial security and is intended to provide free legal assistance to persons in financial difficulties who are in the process of criminal proceedings and other persons who are unable to hire a lawyer due to reasonable reasons.Although this system was piloted in Pudong New Area in 2010,it has not yet been formally established in China.However,this cannot conceal its significant value for the perfection of our criminal legal system.The public defender system can effectively implement the state responsibility in legal aid,protect human rights,and maintain the equal strength of both prosecutors and defendants,thus restoring the truth of the case and promoting fair justice.Due to the fact that the current public defender system is carrying out pilot work in some regions,the purpose of writting this page is to find a way to develop a public defender system that can effectively protect the rights of poor respondents and have Chinese characteristics,and to improve the current legal aid system.This article will discuss the following content combining the actual pilot conditions.The first chapter takes the analysis of the connotation of the public defender system as an entrance.The characteristics of the system are the public nature and the obligatory nature.The theoretical foundation of the system is the state responsibility in legal aid and the balance between prosecution and defense,and focuses on the public defender.This identity is different from the three common defenders,legal aid lawyers,and current public lawyers.The second chapter analyzes the value of the public defender system to China's legal aid system from the aspects of improving the status quo,professionalism,economy,and efficiency of our country's poor criminal defense.The third chapter is an inspection of the United States,Britain and other regions outside the region,drawing on successful experience.The fourth chapter analyzes the feasibility of the establishment of the public defender system in China,based on the legal basis,economic basis,and experimental conditions in practice.The fifth chapter puts forward its opinions on the system construction from the aspects of the organization system,the selection method and the evaluation system of the public defender system.