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Research On The Lawyer’s Function In The System Of Leniency

Posted on:2017-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:H M LinFull Text:PDF
GTID:2336330512964337Subject:Law in Practice
Abstract/Summary:PDF Full Text Request
Since entering the Chinese society since the transition period,the value of social and cognitive increasingly complex,technological advances,new forms of criminal offenses after another,resulting in a special criminal law and "Criminal Law Amendment " continue to develop,continue to lower the threshold for criminal law into drunk.Plus many complicated factors like changes in the socio-economic situation,resulting in the number of criminal cases increased year by year,criminal justice workload increased rather than decreased,relying on existing criminal proceedings(criminal procedure fast trial,summary),has been insufficient digestion avalanche of criminal cases.In view of this,the central decision-making judicial reform began to learn from foreign experience,combined with national conditions and made a timely manner to explore the establishment plea recognized fine leniency system reform objectives.Today,the system of leniency in the country has begun to carry out reform,the pilot how effective remains to be further observation.The system of leniency,all walks of life were high hopes,expectations which can be useful for the growing burden of criminal trials.However,the penalty clemency plea to recognize the legitimacy of the system and the advantages and disadvantages,both at home Or foreign,has been much debate and discussion of issues.Therefore,how to enhance the legitimacy of the system was established,and the system is running to fill the defect is considered guilty lenient penalty system design priority.Effectively protect the human rights of the defense,that the prosecution is to enhance its legitimacy and reduce the negative effects of the key points.As a lawyer involved in important body guilty recognize fine leniency regime,effectively play its role is important to guarantee the smooth operation of its systems.Therefore,the role of lawyers in the study guilty recognize fine leniency regime,with rich theoretical and practical importance.The lawyer involved in the implementation plea recognized fine leniency system can play to safeguard the rights of the defense the prosecution of people,pushing plea recognized fine negotiation proceedings to prevent the role of many aspects of the occurrence of miscarriages of justice and the like;however due to implementation of the system impact on the environment,which is also facing the insufficient number of criminal lawyer,the defense lawyer is not high quality,lawyer program status is unknown,insufficient protection of the rights lawyers,the role of the plight of legal ethics and other aspects of risk.Action to resolve the above dilemma,through reasonable definition of the lawyer and the prosecution of persons identified in the plea negotiation procedures in relation penalty,lawyers involved in efforts to strengthen and enhance the ability to consult a lawyer,as well as construction of an effective defense system to achieve...
Keywords/Search Tags:Admission of Guilty or Acceptance of Punishment, lawyer, leniency, negotiation procedure, mandatory advocacy
PDF Full Text Request
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