How to solve the problems encountered in the people's court's designated defense

In judicial practice, when the court appoints a defender for the defendant in a criminal case, it often encounters the following problems: First, when the court appoints a defender for the defendant who should appoint a defender for him, the defendant clearly expresses that he wants to defend himself and does not want the court to appoint him; Second, the defendant expressed dissatisfaction with the defense of the defender appointed by the court in court and asked for another appointment. When the court appointed another defender for him, the defendant still refused to accept it, but he was unwilling to entrust a defender himself. So many times, the judge in charge of the case is very confused: what should the court do in the above situation without violating legal procedures? Should he no longer be assigned a defense lawyer, or should he continue to be assigned a defense lawyer? If the defendant is dissatisfied with the defender appointed by the court many times, how many times should the court appoint him? According to Article 36 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), if the defendant does not entrust a defender and has one of the following circumstances, the people's court shall appoint a lawyer who undertakes the obligation of legal aid to defend him: (1) Blind, deaf, dumb or with limited capacity; (two) minors under the age of eighteen at the time of hearing; (3) Persons who may be sentenced to death. If the defendant in the above circumstances has not entrusted a defender himself, the court must appoint a defender to defend him in court. But in theory, the defender's right of defense comes from the defendant's right of defense. Therefore, the author thinks that the following methods can be adopted in judicial practice: 1. If the defendant insists on exercising the right of defense and refuses to appoint a defender by the people's court, the people's court shall allow it and record the relevant information in the record; 2. For a person with limited capacity or a minor defendant, if the defendant refuses to entrust a defender to defend himself, the people's court shall seek the opinions of his guardian or legal representative. If the guardian or legal representative also refuses to entrust a defender for him, the people's court shall also allow it, and record the relevant requests of the defendant, his guardian and legal representative; 3. If the defendant refuses to defend with a defender appointed by the court without justifiable reasons, and does not entrust a defender himself, the people's court may appoint other defenders to defend him and protect the defendant's right to defense. But from the point of view of fairness and efficiency, it shall not exceed twice. If the defendant refuses again and requests another designation, the people's court shall record the situation in the record and reject his request. Author: People's Court of fengcheng city, Jiangxi Province.