Abstract
Discussion on the Protection of the Defendant's right to defense
The basic aim of the Criminal Procedure Law is to prevent excessive pursuit of punishing crime and protect defendant from improper violations. Defendant’s right to defense is an important aspect to the fundamental rights of the accused, and it form an effective control-mechanism on the public right of state and demonstrate the demands about maintaining reasonable judicial procedure and manifest the value of criminal suit. Compared with the minimum standards of international conventions, there are some disparities, for example: the scope about designated defending and the right of lawyer to examine the records are limited, lack of security provisions on lawyer’s investigative power and judicial immunity. These problems have seriously hampered the modernization and internationalization on system of criminal action. Therefore, protecting defendant’s right to defense is the top priority. We must strengthen valid defense and establish the pre-trial show on evidence and guarantees the judicial immunity on lawyers.
Keywords: defendant; right to defense; international-conventions;
