Study On The Sanctions Mechanism To Illegal Conducts For Infringing The Defendants’ Right To Counsel

The defendants’ right to counsel in criminal procedure is a natural right which root in legal parties’ litigant rights.Protecting the rights of counsel is the maintenance of procedural justice.It is necessary to establish the procedural sanctions in order to guarantee the defendants’right,the final purpose of granting counsel procedural rights is for the better protection of legal parties’ litigant rights.Moreover counsel also can make full use of their professional advantage.The strict operation of the procedural sanction mechanism will correspondingly encourage the public security to improve their professional level,ensure the judicial accuracy and impartiality,and promote the further implementation of the rule of law.This article will discuss the following three aspects:The first part embarks from the legal theory of procedural sanctions to explain why it is the most fit way for protecting the defendants’ right to counsel;The second part is the about the comparative laws,the external procedural sanction mechanism were analyzed;The third part is mainly to discuss how to establish the procedural sanctions in order to guarantee the defendants’right in our country.This paper uses a variety of research methods to study this topic,first of all,the literature data method,through the collection and collation of related works,papers,journals,the existing theory is integrated and further ideas are put forward to explore procedural sanctions.Innovative interpretation of the mechanism;followed by comparative research,through a comparative study of the application of procedural sanctions in different countries,showing the possibility and development space for procedural sanctions against the rights of counsel to defend,summarizing China’s procedural sanctions and counser rights guarantee the advantages and disadvantages in the development,so as to propose better solutions for its future development;again the case analysis method,problem-oriented,using classic cases as an introduction to analyze the reasons behind the legal problems behind the cases and relevant influencing factors.The combination of theory and case is intended to better explain the important issues in the study;finally,the method of jurisprudence,the logical analysis of the concept of law and further the analysis into a system aimed at presenting the procedural sanctions clearly to guarantee the defendants’ right.