从侦查起诉阶段开始,到案件审判结束,被告的社会地位都显而易见,非常低下,这常常会使法官先入为主地产生一种印象以至于影响其量刑裁判的结果。本文尝试通过分析文化、观念、法律影响等因素所导致的被告社会地位低下,并提出提高被告社会地位及维护被告权利的建议。 From the stage of investigation and prosecution to the conclusion of the case trial, the social status of the accused is obvious and very low. This often results in the judge preconceived giving the impression that it will affect the outcome of his sentencing. This article attempts to analyze the reasons of the low social status of defendants by analyzing the influence of culture, concept and law, and puts forward some suggestions to improve the defendant’s social status and defend the defendant’s rights.