A Study On The Lawyer's Intervention In The System Of Leniency For Guilty Plea And Accepting Punishment

Nowadays,China is in the period of transition,social contradictions are frequent and the crime rate remains high,but the court has been the existence of many cases of contradictions and hasnot been resolved.Coupled with the rapid economic growth in recent years,simple and minor criminal cases have surged.in order to alleviate social contradictions,improve the efficiency of litigation and demonstrate the spirit of judicial tolerance,the party put forward an important judicial reform project Today,the plea for leniency has been piloted in 18 cities,including Beijing,and the trials of the criminal rapid cutting procedures have just been completed.There is no doubt that the guilty penalty leniency system reform is a major reform of the decision-making,the reform of criminal procedure and the trial centered on the content and supporting system to achieve convergence,guilty penalty cases handled quickly.But how to promote the legitimacy of system establishment and fill the defects of system operation is the question that must be considered in the design of leniency.Among them,the lawyer,as an important participant in the system of guilty plea and lenient punishment,can only ensure the smooth operation of the system only if its role is effectively played.Therefore,the research on the lawyer's intervention in the leniency system of confession and punishment is of great theoretical value and important practical significance.In addition to the introduction and conclusion,the thesis is written in five parts:The first part:the basic theory of leniency to confess crimes.On the basis of a brief description of the connotation and background of the leniency system of confession and punishment,this paper focuses on the analysis of the system value and defects of the leniency system of confession and punishment,so as to elicit the necessity of the lawyer's involvement in the leniency system of confession and punishment.The second part:the role of lawyers involved in the leniency system of confession and punishment.This part expounds the functions that the lawyer can play when he participates in the system from five aspects,and demonstrates the importance of the lawyer as the remedy for the defect of the leniency system of confession and punishment.The third part:the problems of lawyer's involvement in the leniency system of confession and punishment.The pilot pleaded guilty to recognize punishment leniency system has achieved good results,but summarizes the status of implementation of the system will find the current in the system design and the practical operation loopholes,as a starting point,facing the analysis of lawyers involved in the system from six aspects of the problem.The fourth part:the extraterritorial investigation of lawyers involved in the relevant system.Comparison and reference of different countries through compulsory defense system,duty lawyer system,public defender system,China's lawyer pleaded guilty to penalty in the leniency system function provides a theoretical maximum value of experience.The fifth part:the perfect path of lawyers involved in the leniency system of confession and punishment.In order to make the role of lawyers in the guilty penalty leniency system can be fully effective play,based on the national conditions of our country,on the basis of similar systems abroad beneficial experience,to our country lawyer pleaded guilty to recognize punishment leniency system to explore the future direction of the process should be put forward some feasible advice and suggestions.