The Plight and Solution Concerning Hearing and Adopting Lawyer’s Defense

Xiaohong WANG


The revised Criminal Procedure Law strengthens the participation of defense lawyer in criminal proceedings, clarifies that during the stages of investigation, arrest, before conclusion of investigation, prosecution, pretrial conference, trial and death penalty review defense lawyer’s views should be heard in order to protect human rights, avoiding making wrong judgments and build an equal criminal procedural structure of prosecution and defense. For the phenomena that formality has been gone through in listening to defense lawyer’s views and it is difficult to adopt lawyer’s rational defense in judicial practice, public security officers and judicial officers should change the idea of “underestimating defense”, give defense lawyer the right to the information, pay equal attention to lawyer’s substantive defense and procedural defense, achieve reasoning in judgment documents, give clear responses to defense opinions, establish appropriate support mechanisms to provide protection for defense lawyer to express opinions.


Defense lawyer; Defense opinion; Criminal misjudged case; Protection of human rights; Public security

Full Text:



Bodenheimer, E. (2004). Jurisprudence: The philosophy and method of the law, translated by Deng Zhenglai (p.362). China University of Political Science Press.

Chen, X. Q. (2015). Security of the defense right in death penalty review. Legal Research, (2).

Chen, Y. S., & Bai, B. (2015). Security of the defense right in death penalty review. Journal of Sichuan University, (2).

Chen, R. H. (2005). Frontier issues in criminal proceedings (p.243). Renmin University of China Press.

Cheng, J. (2015). Performance of prosecutors’ objective obligation. Journal of National Prosecutors College, (3).

Commentary of Legal Daily. (2013, July 4). The heroes behind the redress of the 17 years’ injustice of Xiaoshan five young men. Retrieved from http: //

Fan, C. Y. (2006). Towards rational criminal procedure law (p.350). Chinese People’s Public Security University Press.

Gu,Y. Z. (2009). Understand the modern legal significance of criminal defense. Chinese Law, (6).

Gu,Y. Z., & Yuan, N. N. (2012). Reflections on a number of issues of equality of prosecution and defense. Henan Social Sciences, (2).

Han, X. (2015). An empirical study on the difficulty of lawyers’ defense since the implementation of the new criminal procedure law—An analysis to S province. Legal Forum, (3).

Liu, J. K. (2014, May 16). The History and Path Exploration of the “Trial Centrism” Reform. People’s Court News.

Shang, H. (2013). On cross-examination (p.22). China University of Political Science Press.

Shen, D. Y. (2014, May 6). How we prevent miscarriages of justice. People’s Court News.

Wang, B. (2014). A review on the “arrest centrism” phenomenon in criminal proceedings. Chinese Criminal Law, (2).

Xie, Y. P., & Wan, Y. (2002). Criminal procedure principles: The cornerstone of procedural justice (p.227). Legal Press.

Zhao, F. F., Zhang, D. M., & Cui, K. C. (2014, May 25). Improve the investigation and safeguard the effectiveness of evidence. Procuratorial Daily.



  • There are currently no refbacks.

Copyright (c) 2016 Canadian Social Science

Share us to:   


  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

1. Register yourself in Journal B as an Author

  • Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.

2. Submission

  • Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”.
  • We only use three mailboxes as follows to deal with issues about paper acceptance, payment and submission of electronic versions of our journals to databases:;;

 Articles published in Canadian Social Science are licensed under Creative Commons Attribution 4.0 (CC-BY).


Address1020 Bouvier Street, Suite 400, Quebec City, Quebec, G2K 0K9, Canada.

Website: Http:// Http://,

Copyright © Canadian Academy of Oriental and Occidental Culture