On The Perfection Of China’s Compulsory Defense System

Criminal procedure is the procedure of prosecuting and punishing crimes,and it is also the path of dynamic realization of national penalty power.Presumption of innocence is the logical starting point of criminal proceedings.The realization of the right to suspect is the premise of the principle of presumption of innocence.Designated defense is one of the types of defense,and compulsory defense is an important part of designated defense.In a certain sense,the system of compulsory defense represents a country’s level of human rights protection in the field of criminal law.After the amendment of criminal procedure in 1996 and 2012,China’s compulsory defense system has made great progress,but there are still some deficiencies.The application scope of compulsory defense is too narrow,which can be applied to less types of cases;the lack of quality evaluation standards,the lack of a systematic and comprehensive evaluation of the quality of compulsory defense cases;the low entry threshold of compulsory defense lawyers and less case handling subsidies,which is difficult to mobilize the enthusiasm of lawyers,resulting in the unsatisfactory effect of compulsory defense,and there is still a certain space for development;compulsory defense has a long way to go The supporting system of compulsory defense is not perfect,there is no scientific and effective procedural sanctions against violation of compulsory defense system;the lack of funds and unreasonable allocation affect the effect of compulsory defense,which needs to be improved.Based on the investigation and comparison of the relevant systems abroad,this paper analyzes the applicable effect of judicial practice,and puts forward some suggestions for perfecting the compulsory defense system:expanding the scope of application of the compulsory defense system,and bringing the cases of criminal suspects aged 60 or above,and the cases that may be sentenced to ten years’imprisonment or above,and the suspect and defendant to plead guilty.In order to improve the quality of defense lawyers,we should improve the quality of defense lawyers through compulsory evaluation We can broaden the sources of compulsory defense lawyers by setting up professional legal aid schools and cultivating people who are interested in legal aid;we can improve the procedural sanctions of compulsory defense and warn judicial personnel who are lazy in performing their duties.This paper analyzes and summarizes some problems of the compulsory defense system in judicial practice,and puts forward the above suggestions,in order to make the compulsory defense system can be better improved.The improvement of compulsory defense system is conducive to the participation of criminal defense,and it is of great significance to improve the level of criminal law and ensure the full exercise of the accused’s right to defense.