Review and Prospect:A Systematic Plan for the Legislative Amendment of the Criminal Defense System
The Fourth Amendment of the Criminal Procedure Law is coming,and the revision of the defense system should be of utmost importance.Since the implementation of the Criminal Procedure Law in 1979,China's criminal defense system has gone through four stages:the initial establishment stage,the development stage,the improvement stage,and the innovation stage.In terms of the development context and current situation of the criminal defense system,there are several problems including outdated concepts,lack of principles,lack of ethical norms,and incomplete rule content.We must contemplate the impact of defense system caused by the rapid development of China's economy and society,the deepening of judicial reform,and quick evolution of vindication theory.We must stand on the Chinese side and solve defense issues with an international perspective.With this amendment of the Criminal Procedure Law,general principles should be established such as"defendant's rights to defend","defense lawyers'independent rights to defense",and"defendant's rights to legal aid"in the general provisions.The principle of"effective representation"and the ethical rules of"defense lawyer's loyalty obligation"should be established at the beginning of the"Defense and Representation"chapter;Defense lawyer's right to be present during questioning,the restriction on the number of non-lawyer defense and defense lawyers should be abolished,and relevant rules such as the clarification of superiority of entrusted defense over designated defense.
defense systemdefence rightseffective representationethics of defense
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