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THE ROLE OF THE DEFENSE IN CRIMINAL PROCEEDINGS IN CHINA

 To guarantee the right of the defendant,it is provided in the Criminal Proce- dure Law,Article 39:“During the adjudication process,a defendant may refuse to have a defender continue to defend him and may also authorize another defender to defend him.”
 According to the principle of“equal rights and duties”,Article 29 of the Lawyer’s Professional Code states:“Once a Lawyer accepts the entrustment of a defendant,he may not refuse to defend the client without a due reason… But if the engagement is illegal,the client makes use of the lawyers services to engage in illegal activities,or the client conceals facts,the lawyer may refuse to defend him.”
 In brief,there are two main purposes for Chinese law to concretely guaran- tee the right of defense in different aspects:
 (1)to protect the lawful interests of criminal suspects and defendants by helping them to exercise their right to a defense;and
 (2)to offer a point of reference for the judicial organs to apply the law to specific cases correctly in accordance with the facts and law.
 We emphasize that,the defense system under the socialist system with Chinese characteristics plays an important role in the construction of China.We believe that the system actively affects the development of a socialist country ruled by law.
 Of course,although the prescription of law is fundamental to the development of a socialist legal system,there is a more important problem,i.e.,the strict enforcement of the law.If the law can not be carried out or can not be strictly enforced,it means nothing to society.The key aim for the develop- ment of the Chinese socialist legal system is certainly that to practice the principle that “the law must be followed,the enforcement of law must be strict,and illegal activity must be impugned.”The dialectical materialists emphasize the practical effects of things,so we believe that China will keep her word and maintain her resolve,and the new criminal procedural law and other law will be firmly enforced.


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