Abstract: The litigious right protection of the accused consists of the three ranks of constitutional assurance,litigious right assurance,and procedural defense right assurance,which are interrelated to each other.Among them,constitutional prescription of litigious right is the legal basis,and criminal litigious right is the right basis,with procedural defense being developed finally.On the one hand,the constitutional assurance of litigious right requires that the basic right be included in the Constitution,on the other hand,it requires that the basic right possess litigable quality.Through procedural litigation,the accused may claim his right;and through judicial review,the procedural unlawful act might be declared as void.The procedural defense,which obviously strengthens defense in the pre-trial stage,may reinforce the right protection of the accused.

Key words: right of the accused, constitutional assurance, criminal litigation right, procedural defense