On the Re-revision to the Criminal Procedure Law of China from the Perspective of Not Guilty Defense
The not guilty defense is the most thorough defense to the prosecution in the criminal defense system,and the acquittal is the most important sample to study criminal defense.From the perspective of stages,the not guilty defense can be divided into that in the investigation stage,that in state of review for prosecution and that in the trial state.From the perspective of methodology,the not guilty defense can be divided into the that on the substantive basis,that on the procedural basis and that on the evidential basis.Data shows that the effect of not guilty defense is gradually declining,which is reflected not only in the decreased number of not guilty defense,but also in the gradually falling rate of success in achieving case withdrawal or non-prosecution at the pre-trial stage and acquittal at the trial stage,because the establishment of system on the leniency for guilty plea and punishment acceptance makes the space of not guilty defense narrower.In view of this,in the context of the re-revision to the Criminal Procedure Law of China,to improve the not guilty defense system,it is necessary to return to effective defense thinking,expand the scope of designated defense of legal aid,clarify the right of defense lawyers to conduct investigation and collect evidence and the right to be present during interrogation in the investigation stage,abolish the obligation to truthfully respond to interrogation,optimize the guidance and feedback given by judges to not guilty defense,and thus enhancing the quality and efficiency of not guilty defense and improving China's criminal defense system.
AcquittalNot Guilty DefenseCriminal Defense SystemRe-revision to the Criminal Procedure Law
万方数据
维普
