With regard to the defender system in our country, who has the right to defend in our country

In our country, there are only two people who defend suspects and defendants as defenders. The advocate can be replaced.

According to the provisions of Article 32 of the Criminal Procedure Law of the People's Republic of China:

In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two persons as defenders. The following persons may be appointed as advocates:

a) Lawyers; 2) Persons recommended by the people's organization or the criminal suspect or defendant's unit;

3) The guardians, relatives and friends of the criminal suspect or defendant.

Persons who are currently serving a criminal punishment or who have been deprived or restricted of their physical liberty in accordance with law must not serve as a defender.

Legal Analysis: Section 1.

1. The right to a defense. Clause.

2. Types and methods of defense. Clause.

3. The scope of the defender and the defender. Clause.

4. Procedural rights and obligations of defenders. Clause.

5. Responsibilities of the defender. The defender shall bear the responsibility of preserving the lawful rights and interests of the criminal suspect or defendant by submitting materials and opinions that prove that the criminal suspect or defendant is not guilty, that the crime is minor, or that their criminal responsibility is commuted or exempted, on the basis of facts and law.

Legal basis: "Supreme People's Court Interpretation on Application" Article 200 Qing Nationality 78:In cases where the defendant admits guilt, after confirming that the defendant understands the facts and charges of the crime charged in the indictment, voluntarily admits guilt, and understands the legal consequences of admitting guilt, the courtroom investigation may primarily focus on sentencing and other controversial issues.

In cases where the defendant does not admit guilt or the defender makes a not-guilty defense, the court's investigation shall, on the basis of ascertaining the facts of the conviction, ascertain the facts of the sentencing of the relevant answers.

Defender refers to a person who is designated by a people's court or entrusted by a criminal suspect or defendant to exercise the right of defense in order to protect the lawful rights and interests of a criminal suspect or defendant. In criminal proceedings, the defense function is shared by the defender and the criminal suspect or defendant. On the basis of the facts and the law, the defender shall actively confront the complaining party that is responsible for the prosecution function, and in response to the accusations, submit materials and opinions that prove that the criminal suspect or defendant is not guilty, that the crime is minor, that their criminal responsibility is commuted, or that their criminal responsibility is exempted, so that the judge will hear and make a fair judgment on the basis of neutrality.

In our country, defenders include lawyers; guardians, relatives and friends of criminal suspects or defendants; Persons recommended by people's organizations or the criminal suspect or defendant's unit. In the course of defense, the defender shall defend according to his own will and in accordance with the law, and shall not be influenced by the opinions of the public prosecutor or the will of the criminal suspect or defendant; Neither can he be the "second prosecutor", nor is he the spokesperson of the criminal suspect and defendant Oak Town. Defenders have the status of independent litigation participants, independently perform their duties, and safeguard the lawful rights and interests of criminal suspects and defendants.

The procedural status of defenders should be equal to that of procurators appearing in court for public prosecution, and they should all obey the command of court adjudicators, and no organ, group, or individual may unlawfully interfere in the performance of their respective litigation functions in accordance with the law.

Article 32 of the Criminal Procedure Law of the People's Republic of China provides that in addition to exercising the right to defend themselves, criminal suspects and defendants may also entrust two or more persons to serve as defenders. The following persons may be retained as defenders: (1) lawyers; 2) Persons recommended by the people's organization or the criminal suspect or defendant's unit; 3) The guardians, relatives and friends of the criminal suspect or defendant.

Persons who are currently serving a criminal punishment or who have been deprived or restricted of their physical liberty in accordance with law must not serve as a defender. Article 35: The responsibility of the defender is to submit materials and opinions that prove that the criminal suspect or defendant is not guilty, that the crime is minor, or that his criminal responsibility is reduced or exempted, and that the criminal suspect or defendant is protected on the basis of facts and law, and that the procedural rights and other lawful rights and interests of the criminal suspect or defendant are preserved.

Legal Analysis: The right to defense in China is generally enjoyed by defendants and criminal suspects. The right to defend refers to the procedural right granted by law to criminal suspects or defendants to make representations, defend and refute charges or indictments on the basis of facts and law, and to submit materials and opinions to prove their innocence or the severity of their crimes, so as to preserve their lawful rights and interests.

Legal basis: State "Criminal Procedure Law of the People's Republic of China" Article 3: In addition to exercising their right to defend themselves, criminal suspects or defendants may also retain one or two persons as defenders. The following persons may be appointed as advocates:

Lawyer; 2) Persons recommended by the people's organization or the criminal suspect or defendant's unit; 3) The guardians, relatives and friends of the criminal suspect or defendant.