The Right To Defense The Burden Of Proof And Its Security Research

After the revision of Chinese criminal procedure law in 1996, the adversery system has been translated into our country's criminal procedure of trial. In the adversery system, the judge is inactive and neutral, and the prosecution and defense produce evidence to go forward the trail. So the defendant's right of presentating evidence should be emphasized. This thesis is divided into three charpters and has about 30 thousands words.In chapter one, the author discuss the study object : first is the defendant's right of presentating evidence; second is it's protection. Then the author write about the history of the defendant's right of presentating evidence and it's basic theory.The charpter two is the core of this thesis. First the author study the defendant's right of presentating evidence in criminal trial procedure of adversery system, inquisition system and mixed system, then analysis their diffenedt and common feature. Second ,the author analysis our country's legislation of the defendant's right of presentating evidence, tnen point out the lack and put forward the improving ways. The first, "the accused should enjoy the right to defense and to have compulsory process for obtaining evidence in his favor "should be added in our constitution. The second, the defence has the right of presenting evidence pretrial and in the trial and this right shouldn't be rejected unless there is the legal cause. The third, the accused should enjoy the right to to have compulsory process for obtaining evidence in his favor. The forth, if the defendant's right of presenting evidence is rejected for no cause, the assused should apply for this cause. The fifth, the judge should inquire the acuused first if he gives up the right of silence. After the accused gives up the right of silence ,the procurator could inquire him.In charpter three, the author discuss the protection of the defendant's right of presenting evidence, including: the defensecounsel's right of investigation, the defense counsel's right of communicating with the criminal suspect(defendant) who is detentioned, the defendent's right of discovery; the defendant's right of applying the preservation of evidence.