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A Study On The Lawyer's Defense In The Plea And Punishment

Posted on:2019-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:X BaiFull Text:PDF
Abstract/Summary:PDF Full Text Request
The main purpose of the establishment of the plea leniency system is to improve the efficiency of litigation and reduce the cost of judicature by simplifying the procedure,thus alleviating the contradiction between the increase of judicial demand and the lack of judicial resources.But we can find that in the process of system trial,the malpractice of reducing the legitimacy of the procedure gradually highlights: the litigant of the accused is deprived to a certain extent;the voluntary nature of the confession and punishment is not guaranteed;it inevitably leads to the occurrence of wrongful and false cases.To seek a balance between the pursuit of efficiency,the punishment of crime and the protection of the three human rights,it is necessary to guarantee the voluntary nature of the accused and the exercise of the right to defend it.The lawyer,as an important subject in the leniency of guilty plea and punishment,the effective play of its defense function is the essential factor for the smooth promotion of the guarantee system.The lawyer's defence can play an effective guarantee of the voluntary nature of the defendant's confession and punishment,promote the smooth progress of the procedure of the pleading and consultation,prevent the occurrence of the wrongful false case,and balance the punishment of the crime.And safeguarding human rights and maintaining social fairness and justice.But in judicial practice,lawyers are faced with many problems: the low defense rate of lawyers,the poor quality of defense,the limited litigation stage covered by the lawyer's defense,and the insufficient protection of the lawyer's right to defend the lawyer.This paper mainly adopts literature research method,text analysis method,comparative analysis method,data analysis method and Citation Method to write.The article is divided into four parts.The first part is the summary of the lawyer's defense in the plea and punishment.It mainly introduces the difference between the defense and the traditional defense inthe plea and punishment and the necessity of the lawyer in this system.The second part is the analysis of the lawyers facing the defense activities of the plea and punishment.The third part,by introducing the system of compulsory defense,effective defense,compulsory defense in the German negotiation procedure and the lawyer's defense before the court pleading procedure in France,summarizes the outstanding experience which is worthy of reference in order to guarantee the law of plea and punishment in our country.The teacher's defense provides a reference.The fourth part,on the basis of the previous article,puts forward several protection mechanisms that the author believes to be effective and effective,so as to improve the defense role of lawyers in the procedure of confession and punishment.To sum up,we can see that in order to solve the difficulties in these practices,it is necessary to improve and improve the system design and procedural safeguards,such as the right and obligation of the lawyer's defense,and the establishment of a compulsory defense system of confession and punishment.Only by constantly improving the role of lawyers in leniency and leniency,can the system win a win-win situation at the level of substantive justice and procedural justice.
Keywords/Search Tags:Plea and punishes leniency, Lawyer participation, Effective defense, Compulsory defense
PDF Full Text Request
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