The Constitutional Guarantees Of The Right To Defense Of The Criminal Prosecution People

The criminal prosecution person enjoy the right to freedom, the right to defense, access to public trial and property rights and other basic rights in the criminal investigation and litigation activities. Among them, the right to defend is an integral part of litigation rights, and it exists for maintaining other rights. The constitution text of our country has stipulated the right of defense, and it says that "the defendant has the right to access defense." which rise the status of the right to defense to the basic rights of the rights of the constitution. To protect the right to defense of the defendant, we must understand its basic characteristics on the understanding of its connotation. The right of defense is a right which has special attributes, defensive nature, universality and balance. In a certain sense, the right of silence, the right to access help from the lawyer, the right to sue and many other rights are all an extension of the right of defense in criminal proceedings. And they all expand around the right to defend. At the same time, the right to defense can be specific due to the extension of the right.At present, there are also shortcomings and success in the protection of the right to defense of the criminal prosecution people in our country. The success lies that as the concept of human rights becomes depth, the right to defend access more and more attention, which is developing to be a fundamental constitutional right. Besides,other departments, such as the criminal procedure law, the law of lawyers and so on, has the specific provisions of the exercise and protection of the right to defend. The deficiency shows that the setting of the right to defense in the text of the constitution is not reasonable, which make people lack the understanding of the status of the right to defense in the constitutional right, causing existence of the phenomenon of some criminal violations of the right to defense of the criminal prosecution people in practice.Starting from the basic theory of the right to defend, this article will analyze the present condition of the protection of the right to defense of the criminal prosecution people in our country through the current legislation, exploring the causes of the lack of the protection of the right to defense. To improve a right, we should not only think about the national conditions combining the trend of judicial reform, but also draw on the reasonable factors abroad which worth learning, So the author lists the provisions of the right to defense in different countries to seek for perfect countermeasure in the article, through the United Nations International Judicial Norms and the standard of protection determined by a series of regulatory documents. In order to make the right to defense, the heart of the litigation right, more perfect, and realize the lawsuit goal of the protection of human rights, this paper discuss the protection of the right to defense of the criminal prosecution people from the following four aspects.In the first part, the author summarizes the basic theory of the right to defense of the criminal prosecution people, including the connotation, characteristics and significance of the right of defense. As the understanding of the meaning of the right to defense becomes the basic of the protection of it, we come up with the conclusion that the right of defense is a right which has special attributes, defensive nature, universality and balance. Then we summed up that the constitutional protection of this right is conducive to the realization of the defendant's dominant position, which can not only fully guarantee other procedural rights extends from the right to defense, but also realize the equality of the prosecution and the defense, and the judicial justice.In the second part, the author outlines the status quo of the protection of the right to defense of the criminal prosecution people in our current law, including the provisions on the right to defense in department laws such as the Constitution,the criminal procedure law and the lawyers' law. It summarizes the deficiency of the right to defense in the Constitution and the law of the department and analyzes that traditional values, legal culture and the lack of security mechanisms would be the causes of this phenomenon.In the third part, the author discusses the relevant provisions of the right to defense of the criminal prosecution people in foreign countries. And it analyzes the provisions on the right to defense in four countries' laws such as the USA, France, German and Japan. At the same time, we can sum up the international standards of the protection of the right of defense from the United Nations Criminal Justice Standards and normative documents, and examine the gap between the Chinese and international standards..In the fourth part, the author come up with the perfect countermeasures of the protection of the right to defense in our country. According to the above part about the basic theory of the right to defense of the criminal prosecution people, present situation of protection,the reason and the rules in foreign countries, the author suggest a reasonable set of the content of the right to defend in the text of the Constitution, and improving the protection of the right to defense in the Department Law in accordance with the requirements of the constitution, and finally to promote the optimization of national power., hoping to strengthen the Safeguard duty of the state organs on the protection of the right to defense.