On the Construction of Defendants' Defense System in Criminal Procedure——Based on Defendants' Capability of Collecting Evidences

The root of the defendant's poor defense in Chinese current criminal procedure is originated from the defendant's weak capability of collecting evidence.In order to improve it,It's necessary to built the system from two angles: one is the enhancement of the defendant's investigation ability;the other is the reduction of the ability of prosecutor.The author points out that a new balanced model of defendant defense system in criminal procedure should contain the following major components:(1) expand the scope of the main subject in the name of defendant;(2) diversify the means of taking evidence;(3)grant the defendant's relatives the right to be free from submitting evidence;(4) abolish the prosecutor's right of supplementary detection.