Legislation Chinese Criminal Defense System Research Questions

Generally considered as an important part of the criminal procedure system, the criminal defense system began in Roman times, and in modern criminal defense system was born in the United Kingdom. "Presumption of innocence" Thought is the foundation of the criminal defense system, the intention is that any person subject to criminal prosecution without judicial procedures before final decisions of guilt, which are found not guilty. Target criminal defense system to defend after the suspect or the accused and of counsel, be charged against the prosecutor’s rebuttal to ascertain facts of the case, to achieve justice program, so that innocent people do not get the criminal prosecution of offenses people accept the punishment.As the traditional Chinese feudal autocratic system, resulting in our modern criminal litigation system, the development of a late start, after a difficult. In 2012, when the Code of Criminal Procedure of the criminal defense system changes will focus as a revision. To which the right to defense lawyers in advance, the total number of legal aid groups significantly increased, the rights of the defense lawyers in the system right to meet, such as the right marking was perfect. This is the innovation and development of the criminal defense system, it is the party and the government reaffirmed the concept of the rule of law and democracy and quiet. However, from the point of view of judicial activity, our criminal defense system still has many deficiencies. For example, the defense lawyers in the criminal justice practice hard evidence exclusionary difficult, difficult situations such coercive measures to change persists, the paper believes that the deeper reason is that the influence of the inquisitorial model of the defense system did not eliminate, the traditional heavy entity light procedure still deeply affects modern justice, we should be based on national circumstances, our criminal defense system to be perfect again.