Professor Chen Ruihua, doctoral supervisor of criminal procedure law of Peking University Law School, is an authoritative expert in the field of criminal procedure law in China. At the time of research, the tutor often said a wise saying: "Criminal law depends on the book written by Professor Zhang Mingkai; The Criminal Procedure Law depends on the book written by Professor Chen Ruihua. " At that time, when I first heard the name of Mr. Chen Ruihua, I was puzzled. The image of a Confucian came to my mind, and I always kept a heart of worshiping and telling God. Today, I was lucky enough to read the excellent works of teacher Chen Ruihua, so that children who have no defense experience for a day have learned rich practical nutrition.
1869, Bach Ye, a great French lawyer in the British legal field, held a feast in the Middle Temple Castle in London, which is one of the most beautiful buildings built for law. At that time, Lord Bunohan once again quoted his favorite famous saying in his speech: "As a lawyer, the first and most important duty is to put everything under the interests of clients. D.N. Sinha once said: "A truly great, excellent and successful lawyer must have the following qualities: he must master legal knowledge and be an expert in human behavior, he must be a fluent speaker, a witty strategist, an excellent commander and a versatile person, and he must have a broad understanding of all aspects of human life; He must have a deep understanding of people and their behavior. "
The text structure of the criminal defense concept consists of thirteen chapters, namely: chapter one is the theoretical challenge of criminal defense; The second chapter is the basic form of criminal defense; The third chapter is the theory of independent defender; The fourth chapter is the theory of effective defense; Chapter V The duty of loyalty of defense lawyers; Chapter VI Sentencing defense in criminal proceedings; Chapter VII Procedural defense in criminal proceedings (1); Chapter VIII Procedural Defense in Criminal Procedure (Part II); Chapter nine: the relief of the right of defense in pretrial procedure; Chapter X Defendant's Right to Self-Defense; Chapter II XI Defendant's Right to Read Papers; Chapter 12: Three modes of investigation and evidence collection by defense lawyers; Chapter 13: Three modes of the right of defense affecting jurisdiction. Look at the arrangement system of the book, with clear logic and distinct levels. Firstly, it introduces the bottleneck problems faced by domestic traditional criminal procedure theory; Secondly, it systematically expounds the forms of defense and the institutionalized protection of lawyers' rights and interests; Finally, the proposition and model analysis method of autonomous defense are put forward.
Through the interpretation of the concept of criminal defense, the author has a more intuitive understanding of the hardships and sufferings of lawyers' defense and a preliminary understanding of the problems existing in criminal defense system. The author refines the concept of criminal defense from his rich research experience, that is, the right of independent defense. The first criminal procedure law promulgated in China from 65438 to 0979 established the system of defendant's right to defense. So far, the process of rule of law in China has opened a door for criminal defense lawyers to fight for their rights. After the reform and opening up, due to the rapid development of politics, economy and culture, and the endless institutionalized obstacles in lawyers' practice, China's criminal procedure law has been revised many times, the latest being the 20 12 criminal procedure law. The latest criminal procedure law clarifies for the first time that lawyers can intervene as "defenders" in the investigation stage, and have the right to meet criminal suspects in custody, express their defense opinions and apply for changing compulsory measures according to law. However, as the author often mentioned, "the book method and the reality method can't be mentioned in the same breath."
The author of this book divides defense into "natural defense" and "legal defense". Moreover, it is believed that China's criminal defense gradually has diversified defense forms, including "innocence defense", "sentencing defense", "misdemeanor defense", "evidence defense" and "procedural defense". Based on the purpose that criminal suspects and defendants are natural defenders, the right of defense is defined as "the right of appeal", and the restriction of the right of defense on judicial power is emphasized.
The author is interested in the "five forms classification" of criminal defense mentioned in the second chapter. After repeated deliberation and careful study, I still have something to say. The five forms of defense, such as innocence defense, sentencing defense, light crime defense, procedural defense and evidence defense, are just like the defense of arranging troops and attacking the party in Sun Tzu's Art of War. "Therefore, those who are good at fighting will defeat the soldiers of others without fighting, pull out the city of people without attacking, destroy the country of people without fighting soon, and strive for the world, so the soldiers can benefit all, and the method of attacking this plan is also. With his own unique vision, the author discusses the institutional limitations of the "five forms" and practical suggestions for improvement.
China's legal circles and lawyers have always pursued the theory of "independent defender", while Germany, which is also a civil law system, is famous for its theory of "judicial independence". The author believes that both the defender and the defendant are defenders and enjoy the right to defense. This strange phenomenon of "fighting in the same room" will certainly lead to poor communication between defense lawyers and criminal suspects and defendants in custody on defense strategies and programs, resulting in low defense efficiency and even invalid defense. The defense lawyer's right of defense comes from the authorization or entrustment of the criminal suspect or defendant, and he can't be independent and ignore the wishes of the criminal suspect or defendant. A defense lawyer based on trust should strictly abide by his professional bottom line, that is, never do anything that harms the interests of his client.
1932 the case of American Powell v. Alabama opened the precedent of invalid defense system. For lawyers who are not conscientious in defense, the academic circles in China have introduced the view of "effective defense". The author mentioned in the book that "the court's concept of' attaching importance to entity and neglecting procedure' has become an obstacle to the introduction of invalid defense system into China." Criminal defense can be divided into "substantive defense" and "procedural defense". The "substantial defense" can be further divided into "substantial innocence defense", "defense from felony to misdemeanor" and "sentencing defense". The author expounds the development and obstacles of sentencing defense and procedural defense in the judicial soil of China.
China lawyer defends the territory, wind energy can enter, rain can enter, evil power can't enter!