| The appointed defense refers to the system in which the case-handli ng organs designate a relevant legal stuff to provide legal services for a criminal defendant under the circumstances that the criminal defendant has not hired a defense counsel,which includes ought-type appointed de fense and can-type appointed defense.The existence of the appointed def ense system guarantees the minimum procedural justice and the rights o f the accused.However,along with the development of the human right s protection concept,and the pursuit of substantive justice,it not only requires the defendant shall have the right to obtain the right to couns el,but also requires the services of a lawyer must be valid,which req uires the improvement of the appointed defense system.By analyzing th e basic concept of defense system and its historical evolution,as well as comparing the present situation of the appointed defense in China with its extraterritorial application,especially the defense lawyers ’ practising rights abroad,this paper mainly aims to propose the improvement of t he present appointed defense system in our country based on the curre nt appointed defense law system,to ensure the substantive validity of t he appointed defense and the transformation of the defendant from havi ng the right to defense to having effective defense rights,so as to pro mote the development of China’s construction of the rule of law and th e cause of human rights protection in our country.This paper is divided into five chapters.The first chapter is the intr oduction,which mainly introduces the origin of writing,the purpose of t his topic,and the methods adopted in this thesis.The second chapter is an overview of the appointed defense system,which will start with a basic understanding of the concept and connota tion,as well as the essential characteristics of the appointed defense.The n,we will make a historical tracing of the appointed defense system fro m abroad and domestic dimensions.Finally,the value orientation and th eoretical basis of the appointed defense system are expounded.The third chapter will have a research on the present situation of t he appointed defense system in China from two aspects,the legislative s tatus and practice status.And it also analyzes the causes of the proble ms related to the present situation of appointed defense.The fourth chapter is based on the analysis of the status quo of th e appointed defense in our country in the previous chapter,and makes a thorough study of the appointed defense system from a foreign persp ective and at an international level,including the comparison with the A nglo American law countries and Continental law countries.Through the comparative study,it can be concluded that the extraterritorial countries attach great importance to the protection of defense lawyers’ rights.And the relevant laws and regulations are also more complete,especially th eir deep understanding of effective defense.And they also established th e relevant standards for effective defense.The fifth chapter is based on the previous two chapters,aiming at the existing defects of the appointed defense system in our country.By combining the useful experience of foreign countries on appointed defen se and China’ actual situation,this chapter puts forward some suggestion s on how to improve the present appointed defense system in China,m ainly some proposals and methods on the legislation and renovation of current system from the aspects of ontology system,effective standard a nd supporting system of appointed defense,etc. |
