Research On Procedural Defense

Procedural defense aims at safeguarding the litigation rights of criminal suspects and defendants.Compared with the traditional substantive defense,procedural defense belongs to a new form of defense,but influenced by the concept of valuing entity over procedure,the development of procedural defense has many problems in judicial practice,which are reflected in the relevant criminal procedure system.This article promotes the development and perfection of procedural defense by drawing lessons from the procedural appeal system and the exclusionary rule of illegally obtained evidence in the countries of Civil Law System and Common Law System.This text is divided into four parts:The first part is an overview of procedural defense.The concept of procedural defense is defined,substantive defense and procedural defense are differentiated,and the main characteristics of procedural defense are summarized and analyzed,including the whole process of litigation stage,the offensive nature of defense methods and the specificity of defense objects.The second part is about the value of procedural defense,including three aspects.The first is that procedural defense is helpful to realize procedural justice,and procedural defense can realize procedural justice.The second is that procedural defense helps the equal fight between the prosecution and the defense,strengthens the defense and breaks the situation where the prosecution is stronger than the defense.The third is that procedural defense is helpful to the full protection of the defense's litigation rights.The defense object of procedural defense involves matters related to the procedure,including filing procedural applications and making claims on procedural disputes,which is conducive to the realization of the full protection of litigation rights.The third part is about the problems of procedural defense in our country.Three systems that are closely related to procedural defense are selected to analyze the problems of procedural defense in the relevant systems.In the system of criminal coercive measures,the defender's right to express his opinions is not taken seriously in all criminal coercive measures,and the defender's right to apply for change of coercive measures is blocked,which affects the realization of the legitimate rights and interests of the defense.In the pretrial conference system,the defense's right to apply for a pretrial conference is not guaranteed,and the procedural matters discussed in the pretrial conference are not comprehensive enough.In the exclusionary system of illegally obtained evidence,the defense's right to apply for exclusion is limited,the defense's right to apply for police to testify in court is not guaranteed enough,and the defense's effect of applying for exclusion of illegally obtained evidence is not good.The fourth part is the perfection of procedural defense in our country.In view of the problems existing in Chinese procedural defense in the criminal coercive measures system,pretrial conference system and the exclusionary system of illegally obtained evidence,this paper puts forward corresponding improvement measures.