Study On The Measure Of Independent Defense

While the defense conflict between Chinese counsels and their defendants is becoming sharper and sharper, a theoretical controversy on the independent defense right of counsel has been raised by Chinese scholars. Generally speaking, there are two ways to solve this problem in foreign countries and regions. One is defendant-dominance-mode, which means a counsel must obey his client when there is a disagreement on defense strategy, another which is opposite to defendant-dominance-mode is counsel-dominance-mode. Although Chinese counsels do have independent defense right according to Chinese Criminal Procedure Law, yet it is very necessary to adopt defendant-dominance-mode to Chinese judicial practice.This essay can be divided into three parts. Chapter One mainly analyses four types of defense conflicts in China in the angle of four typical cases. Chapter Two focuses on solutions to defense conflict in foreign countries and regions. Based on judicial reality in China, Chapter Three tries to find a specific solution to Chinese defense conflict.