A Study On The Defense Program In The System Of Leniency To Confession

China's Compromised Criminal Admission and Confession was judicial system,established to form the classification scheme of criminal cases,enhance the efficiency of trail and adjudication and optimize the distribution of judicial resources.Thanks to its characteristics,such system brings us to consider how to protect the lawful interests and human rights of a defendant or criminal offender without a defender.China's Compromised Criminal Admission and Confession might not achieve the expected effect,lead to the appearance of unjust cases and destroy the dignity and justice of judiciary,with the absence of counsel for the defense.This essay starts from the connotation of China's Compromised Criminal Admission and Confession in Chapter One,analyzing related concepts of the system,and putting forward the definition,when explaining 3 keywords,that admission refers to the awareness and attitude of a defendant during admission of crime.And confession means that on the basis of admission,the defendant clearly knows the upcoming penalty and willingly accepts it,which implies defendant's waiver of some trial rights curing the ordinary procedure.Compromise refers to relatively lenient penalty,gentle compulsory measure and simplified trail process.Beginning from three keywords,the author analyzes basic meanings of China's Compromised Criminal Admission and Confession,and then elaborates the values of the system in the context of new economic background,diversification of systems,criminal policies and bargaining judiciary.Firstly,the author mentions that release of the system is supposed to deal with the question that there are more cases happened than the judicial resources which could bear nowadays.Secondly,in the aspect of forming diversified systems,the author thinks that setting up handling process of this system will help form new criminal trial procedure.Hopefully,each procedure will function in order,embody the benefits of diversified trial procedures,optimize judicial resource distribution,and form the trial system which fits current conditions in China.Thirdly,this system helps to carry out the criminal policy of combining punishment with leniency in China,and to some extent,reflect the humane care to the defendant.At last,the author points out that China's Compromised Crime Admission and Confession is a way of research,trying to help increase trail efficiency,lower the cost of legal proceeding and sooth the caused fatigue.More trial rights of the defendant are taken into consideration,which suits the development in efficiency of criminal judiciary,and at the same time,partly gives the largest protection and least fatigue to the defendant.After the analysis of the connotation and values of the judicial system,potential risks are elaborated.There are mainly four potential risks including the imbalance of justice and efficiency,the imbalance of rights between the prosecution and that defense side,the deviation of legal truth from the real truth,and the unadapt ability of the system into current China.In Chapter Two,for the connotation and the mentioned potential risks,an analysis of the necessity of forced defense is made.The author thinks that forced defense means that in accordance with the regulations,there must be a defender pleading for the defendant,unless the defendant clearly requires a self-conducted defense and assumes the outcome therefor,and some other premises are met,for example,the defendant himself is a professional legitimate employee.If such forced defense is not carried out seriously,then the trial should be taken as invalid for its violation of the proceed requirement.When it's impossible for a defendant to pick up a defender,it's supposed that some governing departments take the responsibility to arrange a specific person to the defendant.In terms of the necessity of the force,there are three points that should be considered,which includes the low cultural level of the defendants,the disadvantage for current defense system in avoiding systematic risks and the shortcomings of current duty-lawyer system.In Chapter Three,Referred to American's plea bargaining,in a method of comparative study,the author makes three conclusions.Firstly,current duty-lawyer system should be switched into forced defense.Secondly,pleading lawyers should participate in every process of the whole procedure in China's Compromised Criminal Admission and Confession.Last,the concept of valid plea should be set up.In Chapter Four,the author focuses on the content-formation of China's Compromised Criminal Admission and Confession.Three aspects are mentioned.Firstly,the scope of defenders should be broadened.Secondly,forced defense should be carried out seriously.Last,defenders should be assigned necessary legitimate rights.Specific carrying plans are made in terms of the mentioned points.The author mainly focuses on the formation and completion of forced defense system and comparative research on American plea bargaining.Through the analysis of American plea bargaining,the author finds out some beneficial experiences which could be transplanted into China.In conclusion,content-formation of China's Compromised Admission and Confession is put forward aiming at providing valuable reference during judicial practice.