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On the appointed defense reform

Author: WangNingNing
Tutor: ChenXiaoQing；BuHe
School: Inner Mongolia University
Course: Legal
Keywords: Right Criminal Defense Appointed defense Protection of human rights Lawyer on duty Attorneys' fees
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 69
Quote: 0
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Abstract


Appointed defense system means that in criminal proceedings, the exercise of investigation, prosecution, trial and other organs of state authority to comply with the conditions of the suspect, the defendant designated to provide defense counsel system. Academics and practitioners recognize that our defense system designated for the protection of criminal suspects and defendants, as well as substantive rights and procedural rights reflect a fair and impartial administration of justice has vital importance, but China's current assignment of defense in Legal Practice rather confronted with various difficulties, whether it is the narrow scope of the assignment of defense or the quality is not high, have led to the assignment of defense from the goal of the legislation far. Therefore, modifying \protection of human rights and the rule of law in the country is of positive significance. This paper is divided into introduction, body in two parts. The first part is an overview of specified defense system. I first defense system specified by giving Discrimination definition. After a brief introduction appointed defense system characteristics, classification, and its relationship with the legal aid system. This part of the defense system is mainly exist on the specified form has been given instructions, the article makes the provenance research has clearly defined. The second part is the existing two legal systems of the world Comment designated defense system. Specified by two legal defense regarding the relevant legal provisions to draw its merits, abandon its shortcomings. The third part is a brief description of the specified underlying theory of the defense system reform, mainly from the protection of human rights and procedural justice, two aspects to be evaluated. The fourth part is the defense of our country's current deficiencies in the system specified analysis. Through Analysis of the relevant legal provisions and the reality of the problems exposed by the event, summed up the defense system of the specified major problems, including the designation of the defense system of two narrow ranges required, the system of funding caused by the lawyer malpractice risk, ordinary procedure simplify the docket in the absence of specified defense system. The fifth part is designated for our current defense system of the analyzed defects suggestive of reform measures.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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