Research On The Institutionalization Of Procedural Defense In China

As a new form of defense,procedural defense has attracted more and more attention from the legal profession over time.Unlike the traditional substantive defense,the procedural defense does not focus on the relevant provisions of the criminal entity law.On the basis of the facts and evidence of the case,the procedural defense provides the accused with the innocence and the light of the crime,but on the basis of the procedural rules and maintains the basic litigation rights for the accused.The procedural sanction can be divided into two categories: one is to apply various procedural applications according to the rules of litigation,and the two is to ask the court to invite judicial personnel to act illegality,and to ask the court to exclude the interests of the relevant litigation in accordance with the law.Although they are all procedural defenses,the two are quite different.The former does not have the purpose of sanctions,has a flat nature,and lays particular emphasis on the prevention of the action of lawsuits;the latter,with the purpose of sanction,has strong offensive and active nature,and is committed to placing the acts of the investigative and controlling organs in the status of being examined and focusing on the ex post system of illegal acts.Cut.This article holds that,in today's society with a higher degree of rule of law,it is urgent to promote the institutionalization of procedural defense,which not only has the importance of maintaining the legitimaterights and interests of the parties,but also restraining the violation of the procedure and improving the level of the criminal law.Of course,the two types of procedural defensive tendencies are different,and each has its own advantages and disadvantages.In view of the current situation of judicature in our country and the background of the reform of the "trial centered" litigation system,this article holds that it should focus on the procedural defense system of non procedural sanctions,such as the law of law,and the establishment of the right of the lawyer's presence.