The right to counsel is a fundamental issue regarding the protection of human rights. How a country protects the right to counsel reflects its civilization. Although the PRC amended its Criminal Procedure Code in 2012, and the protection of the right to counsel has seen improvement, there still exists a gap between the PRC and the ROC. After reviewing the 2012 amendments to the PRC Criminal Procedure Code in regard to the right to counsel, this study suggests that the ROC government should request that the Cross-Strait Anti-Criminal Cooperation Agreement be revised to protect the right to counsel of the Taiwanese people when involved in the criminal process in China. Before the Agreement is revised, the ROC government should ask the PRC authorities to provide Taiwanese criminal defendants the same degree of protection in terms of the right to counsel as they would receive in Taiwan.