Research On The Historical Development Of The Invalid Defense System In The United States And Its Enlightenment To China

Since the emergence of the US invalid defense system,the applicable objects have expanded from the rich to the poor defendants,and the applicable stage has expanded from the trial stage to the plea bargaining stage.The scope and application stage of the invalid defense system has undergone an expanding process for criminal suspects,The defendant’s right to defense is getting stronger and stronger.The invalid defense system has experienced three standards of justice ridicule standard,reasonable competence standard and double test standard.The three standards are in line with each other and dialectically develop.In the face of the current plea bargaining system leading the criminal justice system,the two review conditions of the double test standard’s defense defects and damage results are also facing tremendous pressure for change.In the new judicial environment,the American academic community and its judicial practice have made many attempts in the areas of legal aid system,standardized plea bargaining system design,related judicial system reform,and reviewing standards reform,trying to improve the invalid defense system and protecting the defendant in the true sense.In our country,confession and punishment are similar to the plea bargaining,and put forward higher requirements for criminal defense lawyers.However,China has not yet established an invalid defense system,and there is no judicial soil established by the invalid defense system.However,the historical experience of the development of the US invalid defense system and the problems and solutions currently faced can provide useful nourishment for the exploration of effective defense of Chinese lawyers.Formalizing confession of confession and punishment,widening the legal aid system,and overcoming the emergence of lawyers’ defense,solving the "three difficulties" issue,playing the role of the Chinese Bar Association,are to improve the defense of lawyers to adapt to the current defense requirements after the criminal justice reform in China.