The "Coercion" Of Chinese Compulsory Defense System

The right to defense is an important right for the pursuers to safeguard their legitimate rights and interests in the process of criminal proceedings.It is of great significance in protecting judicial fairness and justice and the human rights of the pursuers.In order to protect the right of defense of the pursuers,the exercise of the right of defense can be divided into two kinds,one is the accused person to defend himself,the other is that the pursuers entrusted others to exercise,the two exercise of the right of defense do not conflict,or even can coexist.In a general criminal case,the accused person may neither entrust others to defend on his behalf or by himself,that is,the accused person has a certain freedom for whether to exercise the right to defend.However,our law clearly provides for six types of cases which must be"forced" to defend,that is,in these six cases,the accused person must authorize others to exercise the right of defense on his behalf.So what does this "mandatory" come from?What is the weight between the right of freedom and the right to defend?This article opens a discussion."Compulsory" not only means that the people’s court,the people’s procuratorate and the public security organs must notify the legal aid institution to assign a legal aid lawyer to the victim in a specific case,but also is a restriction on the prosecuted person,that is,the prosecutor can not refuse to "force" the designated defender at will."Compulsory" also means that the procedural justice of the defender shall not conduct the trial not in court,and ensures that the victim within a certain scope of the defender must participate in the trial.While realizing the compulsory protection,it will inevitably damage the certain free rights and interests of the prosecuted person,and bring some disadvantages.However,these disadvantages cannot deny the necessity of "coercion",and the legitimacy of "coercion" is far greater than the disadvantages of"coercion".For the right of freedom of the applicant,"coercion" has also made certain concessions,namely the principle of "self-entrustment" priority,and "coercion" is only a supplementary and alternative exercise of power when the applicant has not entrust the defender.The state guarantees the right to defend of the pursuers under the six special cases through the undoubted coercive force,which is to consider the"particularity" of the six special cases,which can not only enhance the protection of the legitimate rights and interests of the pursuers,but also strengthen the litigation confrontation under the litigant model.To suppress the disadvantages of "compulsory"legitimacy,so as to achieve the balance of compulsory defense system and ensure the stability of the system.Now the "softening" of hard legal paterentalism is a new development trend.The"softening" of the "coercion" in China’s compulsory defense system may more echo the original intention and core value of the compulsory defense system.In addition,the compulsory defense system and the legal aid system and the full coverage system of defense lawyers complement each other.It is an important step to realize the full coverage of lawyer defense and expand the full coverage of compulsory defense.To further improve the compulsory defense system,while realizing the goals of the criminal procedure law,to protect the human rights,to protect their freedom,and to reduce the disadvantages of "coercion",should also be considered in the further reform plan of the compulsory defense system.