Ⅰ.Defense:A constitutional law principle in criminal proceedings
It is prescribed under the Constitutional Law of the People''s Republic of China,Article 125:‘A defendant has the right of defense.’This is a solemn constitutional law principle for the activities of every level of Chinese judicial
organs.Following this Principle,the Organic Law of the People’s Courts provided in Article 8:“While he can defend himself,a defendant can entrust lawyers to defend him.He can also be helped in his defense by citizens who are recommended to him by people’s organizations or his unit,or those who are guardians.When a people’s court consider it necessary,designated defenders can be assigned.”
To carry out this constitutional law principle,it is prescribed in the Criminal Procedure Law of the People’s Republic of China,Article 2,which has been amended by 4th Plenary Session of the 8th National People’s Congress on March 17,1996:“The aim of the Criminal Procedure Law of the People’s Republic of China is to ensure that the facts of crimes shall be accurately and promptly ascertained,that the application of law shall be correct and that criminals shall be punished;to guarantee that innocent people shall not undergo criminal prosecution:to educate citizens to voluntarily observe the law and actively struggle against criminal acts,in order to uphold the socialist legal system;to protect the citizens rights of the person,property rights,democratic rights and other rights;and to guarantee the smooth progress of the cause of the socialist construction.”To fulfill its tasks,the Criminal Procedure Law provides in Article 11:“A defendant has the right to a defense,and the people’s court is responsible for ensuring the obtainment of a defense.”
Ⅱ.More opportunities for criminal suspects and defendants Through the amendment in March of this year,more opportunities for defense are offered to suspects of crime and defendants by the Criminal Procedure Law of China.
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