Study On The Duty Lawyers' Participation Of Leniency System Of Guilty Plea

The work report of the people's court of the Supreme Court in recent years shows that the number of criminal cases in China is continuously increasing and the pressure of criminal proceedings is enormous.In order to better adapt to the new situation of criminal litigation,the NPC authorized some regions to carry out the trial of a leniency system of punishment and punishment.As an important subject of the leniency system of confession and punishment,the duty lawyer is of great significance in ensuring the smooth operation of the system.The duty lawyer's participation in the leniency system of confession is of double value.In the system of leniency of confession and punishment,the participation of duty lawyer has three values: voluntary guarantee,reasonable guarantee and entity guarantee.Outside the leniency system of confession and punishment,the participation of the duty lawyer highlights the effectiveness of the system implementation,the guarantee of procedural justice and the promotion of the progress of the rule of law.At the same time,the duty lawyer has to face many difficulties when he participates in the leniency system of confession and punishment.Whether the on-duty lawyer has the right to read the paper,to meet with the lawyer,and to be present,etc.And the quality dilemma caused by the low coverage of the duty lawyer and the poor quality of defense.Want to solve these problems,not only need profound insight into the cause of the problem,but also clear the relationship between various difficulties,so that a targeted,selecting solutions,so as to resolve contradictions.Therefore,pleaded guilty in greater forfeit system optimization,as well as in the reform of criminal action,not only need to clear the duty lawyer's identity and status in litigation,also under certain conditions to endow them withmarking,meeting with the right and the right to present,to increase the number of lawyers on duty at the same time establish a plea forfeit from mandatory defense system,in order to ensure duty lawyer can effectively participate in actively,so as to realize the value of the duty lawyer pleaded guilty to participate in greater forfeit their system.