As the right of defense is one of the basic procedural rights of a criminal suspect or a defendant,how to safeguard a suspect s or defendant s right of defense in a capital case is an important subject in both theories and practice of criminal proceedings.

The defense right of the accused is a procedural right permeating the criminal litigation, in which the counsel assists the accused to exercise his right of defense.

In this thesis, first, it gives the definition of the advocate right of defense.

All of that,the right to defense is an inevitable fact.

As an investigated individual, the criminal suspect should have the right to defense.

In order to curb arbitrary exercise of power of investigation, it is necessary to endow a wide range of rights to defense for the defense countering the power of investigation, to guarantee that the right to defense check the power of investigation become a major theoretical and practical topic.

Simplified criminal trial procedure should be constructed criminal procedural structure in which the state s power coordinates duplexingly with the civil right,and should be focus on the civil right s superiority value whose centre is suspects and defents right to defence ensured by lawyer s participating effectively in the trial proceedings.

In China s criminal lawsuits,the right to defence on part of the accused is under the protection of the law and policy,but the protection of the two situations has severe shortcomings.

In addition to exclusiveness, defensiveness and absoluteness, the right to defence has more characteristics, including universality, supremeness, "sub-public right", variety in content, and dual separateness in practicing the right to defence.