The Study Of The Duty Lawer Participate In The Principle Of Admitting Guilty With Lenient Punishment

With the background of "combining punishment with leniency" in our country,The principle of admitting guilty with lenient punishment is a new legal regime,developed based on current national condition aiming diverting cases,improving lawsuit efficiency.Meanwhile,duty lawyer system is put forward with The principle of admitting guilty with lenient punishment,the main purpose of duty lawyer system is protecting defendant criminal right,providing defendant lawsuit consultation,legal advisory etc.The establishment of duty lawyer system gives the defendant who choosing admitting guilty with lenient punishment legal assistance and protects their certain legal right,however,I think the duty lawyer system still have some shortages.This article will discuss about the lawyer participation issue from The principle of admitting guilty with lenient punishment,analyze the significance of layer participation,through comparative analyzing the enforcement level of lawyer intervention during the procedure of a lawsuit in different countries like The U.S or Germany with duty lawyer system in our country,put forward the idea that it is important to position the duty lawyers in the principle of admitting guilty with lenient punishment.According to the concept of duty lawyer,The author will position the duty lawyers and improve the effect of the duty lawyers by according analyze which stages of a lawsuit should the duty lawyer take part in,what legal rights should the duty lawyer posses.Finally,this article will focus on the feedback mechanism and appraisal mechanism to improve and perfect the duty lawer mechanism.Through discussing the level of lawyer participation,this article plan to put forward a basic assumption about the lawyer participation problem under The principle of admitting guilty with lenient punishment.