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Right to defense is the basic right of criminal suspect, defendants given by constitution in criminal litigation, and is the core of the litigation rights of criminal suspects and defendants. However, where there are no remedies, there are no rights. A series of remedies and supporting measures should be established for the effective operation of right to defense, that is the procedural safeguard of right to defense. This thesis mainly discusses the legal principles, steps and procedurals of right to defense and is divided into four parts.The purpose of procedural safeguard of right to defense is to realize the right to defense. Therefore, the first chapter of the thesis is to discuss the specific rights which belong to the right to defense. The right to defense can be divided into three categories from the angel of function. The first category is contradictory right to defense, including the right of questioning, the right of silence and the right of appeal. The second category is preparing right to defense, including the right of knowing, the right of meeting with the defendants and the right of collecting evidence. The third category is defensive right to defense, including the right of presence, the right of releasing and the right of procedural motion.After knowing the specific content of the right to defense, the second chapter of the thesis mainly discusses the basic principles of procedural safeguard of the right to defense, that is, the procedural protection of defense should follow these basic principles, that is, information assurance, necessary preparation and procedural punishment. Meanwhile, this chapter also discusses the profound meaning of the right to defense. The first is to set a barrier against improper infraction from public prosecution and the second is to provide scientific method for exerting the right of defense successfully.As far as the right to defense in China, there exists many problems, both in right absence and right defect. For example, the lawyer is not entitled to the position of defender, the judicial obligation of informing is undefined, the accuser’s right of defense to inquest is weak, detention beyond the legally prescribed time limits is serious, the counsel’s rights of meeting, collecting evidence and procedural motion can not be ensured, the defendant is not entitle to the right which the prosecution party can enjoy in the trial court.Because of the condition of the procedural safeguard in China, a series of measure should be taken to change it, that is, to stipulate the judicial obligation of informing, to endow the lawyer with the position of defender in the investigation phase, to establish the rules of the right of silence and the lawyer’s right of presence, to endow the lawyers with the rights of meeting and collecting evidence and establish evidence-unfurling rules, to endow the defendant party with the rights which the prosecution party entitles in the trial court, to improve the exclusionary rule of illegally obtained evidence,to endow the lawyers with immunity and establish the jail neutral system.
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