Research On The Rights Guarantee Of The Accused Of Guilty Penalty Leniency System

In the context of the criminal policy of "tempering justice with mercy",the increase of misdemeanor criminal cases and the backlog of judicial cases,the highest decision-making level explored the pilot work of the system of plea bargaining and leniency in order to improve judicial efficiency and ensure a fair trial at the same time.Since the pilot,the judicial efficiency has been improved and the backlog of cases has been alleviated.However,there are some problems to be solved in the protection of the rights of the accused in the legal text and judicial practice.Therefore,this paper attempts to systematically discuss the problems and put forward countermeasures.The first part of the article mainly focuses on the legal texts of the two " pilot measures" in the criminal quick-decision procedure and the plea-guilty and lenient system,and analyzes the benign features and shortcomings of the legal texts in terms of the protection of voluntary estoppel,the prevention of retaliatory charges,the scope of application of cases,the application of bail pending trial,the effectiveness of lenient punishment,the participation of lawyers,the application in the investigation stage,and information security.The second part of the article summarizes the successful practices and problems of the pilot units in the above aspects by using the methods of literature search,field research and statistics on judgements.The third part makes a deep analysis of the reasons for the insufficient protection of the accused's rights in the current plea bargaining leniency system from the internal perspective,the external perspective and the transcendence level of the system.The fourth part demonstrates the significance of strengthening the protection of the rights of the accused.The fifth part studies the comparative law and puts forward the countermeasures to protect the rights of the accused.From the point of view of perfecting the leniency system of plea bargaining,we should strengthen the voluntary protection of plea bargaining,relieve and prevent the vindictive prosecution,protect the right of the accused to go back on our word,further clarify the scope of application of plea bargaining,improve the rate of application of bail,enhance the certainty of the effectiveness of leniency,establish the concept of effective defense and realize the duty lawyer " defender",further clarify how to apply leniency of plea bargaining to the investigation organs,and protect the privacy and information security of the accused.From the perspective of outside the system,we should strive to promote the trial-centered reform of the litigation system,change the concept of investigation,standardize media reporting,improve the performance evaluation system of guilty plea and lenient punishment.