A Study On The Mechanism Of Lawyers' Participation In Cases Of Pleading Guilty And Punishing Leniently

Plea leniency system is followed by the criminal fast after another pilot program,November 16,2016,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of National Security,the Ministry of Justice "on some areas to carry out a plea leniency system pilot work," the introduction,It means that the criminal policy of leniency and leniency in our country is further embodied,and it is also a way to improve the efficiency of lawsuit simplified the diversion of cases.The pilot scheme provides a series of institutional designs for the plea leniency system,which mainly includes the applicable conditions,leniency range,procedure,proof standard and lawyer's participation,which has a strong theoretical significance,but in judicial practice,due to the lag of legislation and the rapid change and complexity of judicial environment,There are still some deficiencies in the existing plea leniency system,especially with regard to the involvement of lawyers.The main manifestations are as follows: The lawyer's participation in the plea leniency system is not enough(including the low criminal defense rate,the scope of legal aid is narrower,the relevant provisions of the lawyer on duty are imperfect),the lawyer's involvement in the plea case is late,and the criminal defendant lacks the means of relief in case of a lawyer appearing to have invalid defence.By comparing with other systems,such as plea bargaining in overseas countries,it can reflect the problems existing in the process of the lawyer's participation in the plea case.On the basis of the experience of foreign mature,combined with the actual situation of our country and the actual situation of the plea leniency system,the main ways to improve the lawyer's leniency system are as follows: to increase the participation rate of the defense lawyers in the plea case;establish a plea lenient case lawyer compulsory participation system To include the plea case into the scope of legal aid,improve the relevant regulations of the lawyer on duty(including the establishment of on-duty lawyer library and screening procedures,improve the remuneration of duty lawyers,the introduction of Duty lawyer training and assessment mechanism),expand the involvement of lawyers in the investigation phase,and give the criminal defendants.