Study On How The Right Of Defense Against The Power Of Prosecutor In China

Right now, the equal Debate between Prosecutor and Defendant is the pursuit of criminal procedure, the practical goal of various countries in the world and the reasonable choice and inevitable pursuit of the revolution of China’s criminal procedure. In the history of China’s legal practice, a series of unjust cases such as "She Xianglin" happened. The reasons of these unjust cases might be that the legal status between Prosecutor and Defendant is seriously unequal. This will lead to the result that the Defendant which has low strength against to the powerful Prosecutor is impossible. After reading many relative literatures and writings, this article takes the equal Debate between Prosecutor and Defendant as the basically starting and ending point of theory and research the situations of the Defendant against Prosecutor of China from two facts of the Criminal procedure structure and the specific legal institutions of defense, and it also study same subject of America which is the represent of the system of Anglo-American law and Japanese which is the represent of civil law system. The comparative studies about these countries will give us a show that the advantages and disadvantages of China’s legal practice of the Defendant against the Prosecutor, which will lead to the revolution of China’s practice of criminal procedure.