辩护制度最早为资产阶级所提出.在资产阶级尚未夺得政权之前,奴隶制国家的古罗马和雅典,实行由原告传唤被告出庭的控诉式诉讼.封建制国家、特别是封建君主专制时期,普遍盛行纠问式程序,它是相对控告而言的,拷问(即刑讯逼供)是纠问式诉讼法定的,普遍实行的审讯方法.针对封建纠问式诉讼,资产阶级革命时期的思想家、法学家从人的自然权利出发,提出了一系列反映资产阶级意志的诉讼原则和制度,在司法方面主要实行“公开的”、“辩论的”诉讼制度.其目的是用以反对封建司法的专横擅断.资产阶级革命胜利并取得政权后,废除了封建专横的诉讼制度和程序,在资产阶级民主、自由、平等人权思想的指导下,逐步在理论上或立法中确认了辩护制度.辩护制最早在英国颁行,之后,英国刑事诉讼的辩论原则相继推行到美国、法国、日本等国,他们的诉讼立法里多采纳了这种诉讼制度.应当明确,资产阶级革命初期的辩论原则,虽然起过进步的作用,但同样有其阶级的局限性,它同资产阶级法律中的其他“民主原则”一样,具有其虚伪性.在资产阶级国家的法庭上,法官为资产阶级利益服务自不必说,律师为谁辩护同样是显而易见的,忠实于雇主是他们的信条,谁能出钱或出大钱就为谁卖力,为他绞尽脑汁钻法律上的空子.虽然,目下国外律师界中有给贫穷者 The defense system was first proposed by the bourgeoisie, and before the bourgeoisie won the power, the ancient Rome and Athens of slavery countries imposed a lawsuit of suing the plaintiffs to appear in court.The feudal states, especially the feudal monarchy, were prevalent It is a relative accusation, and torture (confession by torture) is the legal and commonly practiced method of interrogation.For the feudal-warded litigation, thinkers and jurists in the bourgeois revolution Proceeding from the natural rights of mankind, a series of litigation principles and systems reflecting the will of the bourgeoisie were put forward, and the “open” and “debatable” litigation system was mainly implemented in the judicial field, and its purpose was to arbitrarily and arbitrarily oppose feudal justice After the victory of the bourgeois revolution and the attainment of the political power, the feudal arbitrarily litigation system and procedure were abolished, and under the guidance of the ideology of bourgeois democracy, freedom and equality of human rights, the defense system was gradually confirmed in theory or by legislation. After the United Kingdom enacted, the debate on the principles of criminal procedure in Britain has been carried out one after another to the United States, France, Japan and other countries, and their litigation legislation It is clear that the principle of debate in the early days of the bourgeois revolution, although progressing, has its own class limitations as it does with other “principles of democracy” in the laws of the bourgeoisie Its hypocrisy.With regard to judges serving the interests of the bourgeoisie in the courts of the bourgeois countries, it is equally obvious that the lawyers defend them. It is equally true that the employer is their credo, and whoever can pay or make big money for whom to work hard , As he racked his brains law loopholes.Although, at the moment there are foreign lawyers to the poor