Research On The Universal Defense System From The Perspective Of Trial Centralism

Criminal defense system is an important part of China's judicial system and is one of the core systems in criminal procedure.Article 130 of the Chinese Constitution stipulates that “the defendant has the right to be defended” and clarifies that the right to defense is a fundamental human right.Whether the criminal suspect or the defendant's right of defense can be fully protected is directly related to the judicial justice and the people can feel the fairness and justice in the judicial cases.At present,China is proceeding the trial-centered reform of the litigation system.The state has successively introduced a series of policies.In particular,in October 2017,the Supreme People's Court and the Ministry of Justice jointly issued the "Measures for the Pilot Project of Fully Covering the Defense of Criminal Lawyers." In fact,the general defense system put forward by the previous theoretical circles was implemented in the policy document.This paper is based on the judicial situation under such a new era background,Combined with experience of judicial practice,it draws on the views of many domestic scholars and reviews and reflects on the development of the defense system in China.Based on this,it proposes a universal defense system.The construction conceives discussed how to achieve universal defense,and put forward the idea of universally implementing lawyer defense in the entire criminal litigation process of investigation,examination and prosecution and trial,and finally paid attention to the design of relevant supporting systems for achieving the universal defense system,and discussed the general defense.The system is closely related to the legal aid for criminal defense and the system of lawyers on duty,as well as the relevant criminal defense admittance system and the criminal system for confiscation and punishment of criminal cases.In order to achieve universal defense,increase the defense rate,resolve some existing problems in criminal defense,correct unjust and wrong cases,and prevent the formation of new judicial injustices,we must attract more social lawyers to participate in criminal defense and improve the bad situation of the lawyer's practice environment in criminal defense,which has attracted lawyers to participate in criminal defenses and to improve the standard of criminal judicial civilization in China.