The“Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning the Comprehensive Promotion of Ruling the Country by Law”passed at the Fourth Plenary Session of the 18thCPC Central Committee in 2014 proposed that to“Perfect the Plea for Leniency system in Criminal Lawsuit”.The Plea for Leniency system proposed by China's criminal justice has absorbed the reasonable core of the plea bargaining in the United States.It is a tentative rule of the plea negotiation.First of all,the essay clarifies the relationship between four proceedings and plea of speed cutting procedures,simplification procedures,simplified common procedures and common procedures.It is supposed that under the framework of the four proceedings,the plea negotiation procedure is regarded as the predecessor,which is:both the prosecution and the defense have an opportunity to communicate,negotiate,and reach agreements based on the prosecutors' own leniency.At this stage,the attorney takes the responsibility of guiding the defendant of leniency,avoiding innocent defendants wrongly pleading guilty and fixing sentencing proposal of the prosecution.Secondly,to ensure that the legitimate rights and interests of the defendant can be get,it is necessary to establish attorneys' effective defense standards in the leniency cases,lead invalid defense theory into it,to give the prosecutor the right to obtain judicial remedy.Thirdly,by focusing on the duty counsels,the essay illustrates their work status in leniency procedures and improvement methods.Last but not least,by studying the attorneys' guiding role in leniency procedure,the writer proposes the general principles and judging rules in guiding to plea by attorneys,and provides a reference for attorneys to effectively guide the defendants' leniency. |