The Research On Functional Orientation Of Defense Counsel In Admitting Guilty With Lenient Punishment

The "decision of the CPC Central Committee on comprehensively promoting governing the country according to Law" puts forward the reform idea of "perfecting the lenient system of admission and punishment in criminal proceedings," which helps to encourage criminal suspects and defendants to admit guilt and subdue the law.To achieve the purpose of preventing recidivism and to promote the development of various systems in the process of criminal proceedings.The system of admission of guilt and punishment not only gives criminal suspects and defendants "preferential policies",but also gives the public security and procuratorial organs the right to investigate.Examining and prosecuting cases with more initiative,leading suspects and defendants to plead guilty,reducing social confrontation,and even improving the efficiency of litigation and saving judicial resources,the position of defense lawyers in the lenient system of pleading guilty and penalizing,The role of defense lawyer is very important.It is generally accepted that the participation of defense counsel is the important premise of lenient admission and punishment system,because it is particularly important to protect the legitimate rights and interests of the accused.As one of the important participants in criminal proceedings,the defense lawyer,as one of the important participants in criminal proceedings,Along with the advancement of this policy,the function orientation of defense lawyer will change deeply,and with the reform of legislation,the transformation of the function orientation of defense lawyer should be solved urgently.This article combines the current defense counsel function localization,ponders the defense lawyer function localization request under the guilty plea admission punishment system background,clarifies the current defense lawyer function localization under the plea admission punishment lenient system request practice difficult problem and the judicatory predicament;Furthermore,it looks forward to the specific feasibility of the functional orientation of defense counsel under the lenient system of guilty admission and punishment,in order to put forward legislative suggestions on the function orientation of defense counsel under the system of leniency of plea admission and punishment.In addition to the introduction and conclusion,the main parts are as follows:Chapter one: first of all,the author interprets the leniency system of guilty admission and punishment,first of all,it clarifies the concept and procedural effect of "guilty admission and punishment leniency",and briefly interprets the origin of this policy.This paper compares the similarities and differences between the leniency system of guilty admission and punishment and the western plea bargaining system,and analyzes the determination of the standard of proof under the system of plea pleading and penalizing leniency.The second chapter focuses on the participation of defense counsel and the voluntary guarantee of leniency of plea and punishment.Under the system of lenient admission and punishment,it puts forward higher requirements for the protection of the rights and interests of criminal suspects and defendants.The reason and significance of defense lawyer's participation should be further improved to meet the requirement of perfecting the lenient system of guilty pleading and penalizing and how to define the litigation status of the prosecution and defense subject.Chapter three: this part mainly discusses the current position of defense lawyer's function under the system of leniency of plea admission and punishment,and tries to clarify the incompatibility between the function orientation of defense counsel and the requirement of leniency system of plea admission and punishment.Chapter four: this part probes into the feasibility of the function orientation of defense counsel under the background of leniency system of plea admission and punishment.This part looks forward to the work of defense counsel in the process of criminal procedure under the system of plea admission and punishment leniency.This paper analyzes the specific orientation and transformation of defense lawyer's function.Chapter five: through the consideration of the feasibility above,under the background of the lenient system of guilty pleading and penalizing,the author puts forward some suggestions to perfect the legislation of the function orientation of defense counsel in contemporary China.