On The Protection Of The Right To Defense In The Second Instance Of Criminal Procedure

The lawyer is the main body to exercise the right of defense outside the defendant.This paper starts with practical problems and analyzes the problems existing in the protection of lawyer's right of defense in China's criminal second instance procedure.Article is divided into three parts,the first part expounds the criminal in the criminal procedure law in our country to exercise the right to defend,the problems of the main contents include:most of the criminal trial of the case lawyer participation is low,a few lawyers involved in the case application aspects of defense right is difficult to get timely,completely secure,effective entity advocates opinion is difficult to be adopted and evaluation.The second part analyzes the causes of the above problems,mainly including:the concept of the presumption of guilt of the judicial organs still exists in a certain range,the traditional litigation mode has not changed fundamentally,the second instance trial rate of appeal cases is too low,and the staffing of the second instance court is insufficient.The third part puts forward the Suggestions to solve these problems,the main contents include:the further improve the consciousness of human rights protection,resolutely implement the principle of presumption of innocence,in the context of a complete coverage of criminal defense policy,the rational allocation of judicial resources,such as the number of its criminal second instance of the judge to establish criminal procedure appointed defense mechanism,clear and elaboration on such procedural aspects as defense lawyers in the second meeting,marking the rights,and apply for open a court session,opinion entity rights of adoption,as to strengthen the protection of the right to defend in the program.