Study On The Participation Of Lawyers In The Cases Of Plead Guilty To A Lenient

In the fourth Plenary Session of the 18 th CPC Central Committee,it decided to improve the leniency system of confession and punishment,and regard it as an important measure to guarantee the reform of judicial system centered on trial.In the case of plea and leniency,the participation of lawyers is essential,which is helpful to the smooth progress of the pilot work of the Confession and punishment.In order to better understand the role of lawyers in the cases of confession and punishment,this paper examines samples from People's Court of J District,C Province.Analysis of lawyers' participation in the cases of plea and leniency from January 2017 to May,according to the related law,research the problem of lawyers' participation in plea and punishes,and based on the analysis of the problems and find out the cause,finally puts forward some suggestions and thinking to improve the related system.This article is divided into four parts;the main contents are as follows:The first part is the overview,first on the concept pleaded guilty to recognize penalty to make the article,at the same time,in accordance with relevant laws and regulations of the "confession" and "penalty" analyzes the connotation and definition of penalty;secondly confession leniency system meaning from help to speed up China's criminal judicial reform process,optimizing the allocation of judicial resources to improve the efficiency of the proceedings,and promote the criminal reconciliation and reduce the detention rate,the light punishment of four aspects of the analysis;finally implemented for the introduction of the current penalty guilty leniency system files and the pilot area of the fine is carried out,and the relevant provisions of the penalty that pleaded guilty to lawyers involved in the case of leniency summary.In the second part,the author takes J District of C province as an object of study.Through interviews,participate in the trial and judgment to analyze the related data according to that found in the research area of guilty penalty cases lenient rate is low,the existence of such defense lawyers participation is not high,the duty lawyer has formal,duty lawyer lack of accurate location and the legal consciousness of the defendant is not high.These problems may,to a certain extent,affect the smooth implementation of the work of the plea and penalty area.The third part,For the above mentioned in the defense lawyer rate is not high,participation is not high,the duty lawyer has formal and other issues in the work,the author thinks that the current legal aid system of narrow range,the overall funds investment status supervision and evaluation system,the existing single duty lawyer working mode of lawyers is not perfect the duty lawyer is not clear and has a great relationship.Therefore,the author has carried on the analysis from the above several aspects.The fourth part,because lawyers pleaded guilty penalty lenient cases in the whole litigation process is more important,can protect the defendant's legitimate rights,help to achieve the right balance and supervision,improving the efficiency of criminal procedure,and from different angles to promote the perfect penalty system that lenient plea.So we improve our system of legal aid from the duty lawyer suggested that limiting conditions,strengthen the professional skills training,clear duty lawyer positioning,improve the lawyer's evaluation system,six aspects of the negotiation process specification pleaded guilty to protect lawyers to better participate in the penalty from the case to plead guilty.