Comprehensive Rights to Defense of The Accused from "Discretionary Prorection" to "Right-Centered protection"

本研究以日本的被告现实为研究对象。他们受到警察的严密审讯。这一阶段的供词是审判中最重要的证据。被告没有在拘留程序中要求发现的权利，也没有检察官为起诉所依靠的证据。律师权利在各方面没有得到充分保障；控方没有指定律师；检察官可以限制被拘留的被告与其律师面谈的时间和地点。本研究在对日本刑事司法制度实践进行实地考察的基础上，提出了从总体上加强被告人权利的建议；“综合辩护权”理念是对上述所有问题的正确回答。我们需要保护被告进行辩护活动的主动权，并检查调查和起诉的合法性，从而支持被告的立场。未来的正义在于对“辩护权”的重构。

This research focuses on the reality of the defendant in Japan. They are intensively interrogated by the police. The confession drawn during this stage is the most important evidence at the trial. The accused lacks the right to discovery for the detention procedure, as well as the evidence rilied on by the prosecutor for the prosecution. The right to counsel is not adeqately guaranteed in variou aspects ; there are no appointed counsel before the prosecution ; the prosecutor can limit the time, place of the interview between the accused detained and their counsel. After conduncting the field research into the practice of the criminal justice sysytem in Japan, this research proposes the strenghtening the right of the accused in general ; the idea of "The Comprehensive Right To Defense" is the right answer to all the problems mentioned above. We need to back up the position of the accused by protecting their initative in conducting their own defense activities as well as checking the legality of the investigation and the prosecution. The justice in future lies in the reconstrucution of the "Right to Defense".