The Problems And Perfection Of The Right Of Self-defence In China

The right of self-defence is the important right of criminal suspects and defendants in criminal proceedings,which is directly related to the criminal suspect and defendant's property,personal freedom,life and other important rights and interests and the realization of control and equality.There are some problems and controversies about the right of self-defence in theory,legislation and practice,which seriously affect the criminal suspect and the defendant to perform the defense function and the realization of fair in criminal proceedings.Therefore it is necessary to analyze the existing problems in our country and make suggestions on those issues according to the objective situation of our country,this paper will be divided into four parts to analyze the above content.The first part is about the concept and historical development and value of the right of self-defence.When defining“the right of self-defence”,I think we should believe that the right of self-defence is a collection of rights that make the criminal suspect and defendant can defend their own interests and against the public prosecutor,which should include a number of rights.From the perspective of historical development,the content of the right of self-defence is also changeable,the right of self-defence developed in the ancient Rom,was restricted and almost wiped out in the middle ages,regained the attention of the rulers after modern times.The tortuous historical development of the right of self-defence is the strongest proof of its own important value,which is the reason of the right of self-defence has always been a key issue in criminal litigation.The second part mainly introduces the right of self-defence in foreign countries.Both common law countries and civil law countries attach great importance to the right of self-defence:In legal cases or legislation,many countries gradually acknowledged that the people who is prosecuted have the right to keep silent,meet or correspond with lawyers,make the lawyer is present during the interrogation,read materials related to the case,apply to the judge for evidence,debate or state in court,appeal and so on.On the whole,the scope of the right of self-defence is gradually expanding and the exercise time of some rights is advanced from the trial stage to the investigation stage and the law has gradually strengthened the protection of the accused person in other countries.The third part is to analyze the current situation and existing problems of the right of self-defence in our country.The existing law in our country stipulates the criminal suspect and defendant multiple defense rights,but in terms of content and practice,the scope of the right of self-defence is too narrow,the accused person lack the right to meet lawyers,read the files and so on that can make the criminal suspect and defendant really protect themselves and refute the public prosecutor.At the same time,when a lawyer participates in the lawsuit,the criminal suspect and the defendant may also have a conflict with the lawyer,so that it is difficult for the criminal suspect and the defendant to express their own meaning.In additional,it is full of difficulties for the accused person to realize the right of defense and the status of the accused person in the lawsuit is not respected.The fourth part is to put forward some suggestions on the existing problems of the right of self-defence.To solve the problems of the right of self-defence,on the one hand,we should expand the scope of the right of self-defence according to the current legal environment in our country,and give the criminal suspect and the defendant the right to see the lawyer and read the files,on the other hand,we should resolve the conflict between the right of self-defence and the defense of lawyers and clearly make a solution to the conflict in legislation,guarantee that the right of defense is actually exercised.Only in this way can we solve the problems of the right of self-defence and the defendant equality may realize in criminal proceedings.