Whether it is an Anglo-American law system or a civil law system country,the concept of procedural defense has not been explicitly legislated.However,in the process of actual judicial practice,this program has a lot.In the course of the revision of the 2012 Criminal Procedure Law,it was one of the highlights that the procedural defense system was explicitly included.Based on the theory of many scholars,I have summarized the theoretical knowledge of procedural defense,and compared and contrasted the existing legislative systems in China with other countries.Finally,each constituent element of procedural defense is a logical subject,and it is a program for China.The analysis of the existing problems in the sex referee system analyzes the reasons for these problems based on China's basic national conditions.Finally,it proposes the direction of the procedural defense system development efforts in the light of the difficulties in development.The first chapter is the introduction,which mainly introduces the background of this article,the literature review,the research difficulties and research methods.The second chapter mainly analyzes the definitions,constituent elements and unique values of procedural defense.First of all,through the analysis of several scholars,the concept of procedural defense is clarified,and the description is given in the broad and narrow sense.Second,it mainly discusses the main elements of procedural defense.Finally,it analyzes the two aspects of theoretical basis and judicial practice.The third chapter introduces the current status of procedural defense in China,the legislative status quo centers on the constituent elements of the procedural defense in four levels,the current status of justice is based on representative examples.The fourth chapter introduces the experience of procedural defense in countries outside the region.It is divided into the Anglo-American legal system and the civil law system,and selects representative countries for analysis.The fifth chapter summarizes the inadequacies of the system in China and the reasonsfor this status,such as the lack of protection of the rights of defenders and their professionalism,the independence and neutrality of procedural jurisdictions,the adjudication system,and imperfect sanctions systems..The sixth chapter summarizes and summarizes the previous status and causes,and draws lessons from foreign advanced experience.The author proposes perfect procedural defense suggestions through his own analysis and explores the future development path of the procedural defense system. |