Guarantee Of Right To Defense In The System Of Confession And Punishment From Leniency

The system of guilty plea and lenient punishment is a criminal justice system aimed at building a diversion mechanism of criminal cases,improving the efficiency of criminal proceedings and optimizing the allocation of judicial resources.In the leniency system,due to its own characteristics,the defense of criminal suspects and defendants needs to be guaranteed.In the absence of defense lawyers,how to safeguard the rights and interests of criminal suspects and defendants and how to protect human rights in the leniency system are all questions that make people ponder.If the criminal suspect and the defendant lose the protection of the defense lawyer,it is likely that the system of admitting guilt and punishing leniently will not achieve the expected effect,nor will it stop the occurrence of miscarriages of justice,thus undermining the dignity and justice of the judiciary.This article is divided into four parts to be discussed and described as follows:The first part:The theoretical overview of the defense right guarantee of the defendant in the leniency system of confession and punishment.It mainly analyzes the defendant's basic right of action in the leniency system,the defendant's right of defense and human rights protection,the balance between justice and efficiency,and the balance between plea bargaining.The second part:Analysis of the present situation of lawyers' participation in the trial of the system of admitting guilt and punishing leniency in China.The first is to analyze the provisions on lawyers' participation in the trial of the system of admitting guilt and granting leniency in China.Then it discusses the actual operation from the scope of the case,the stage of litigation,the degree of participation and the effect of participation.At last,the author analyzes the problems of the right of defense in the trial of the leniency system.The third part:comparison and reference:foreign law investigation.This paper mainly expounds and evaluates the right to defense in the leniency system of confession and punishment in Britain,the United States,Japan and Germany,and sums up the contents for reference.The fourth part:The perfection of the defendant's right to defense in China's leniency system for confession and punishment.Mainly based on the enforcement of the compulsory defense system,exploring the establishment of the public defender system,exploring the establishment of the consultation system for non-conviction matters with the participation of lawyers,and implementing the dual-mode operation system of legal duty lawyers and legal aid lawyers to improve the system guarantee of defendants' right to help lawyers.To improve the procedural guarantee of the effective exercise of lawyer's right to defense,it is necessary to clarify the lawyer's litigation status in the lenient system of confession and punishment,give the lawyer full exercise of the right to defense,and ensure that the lawyer's right to defense cannot be effectively exercised.Strict access conditions for legal aid lawyers,expansion of the legal aid obligation of lawyers,establishment of effective supervision and management mechanism to improve the quality guarantee of effective exercise of lawyers' right to defense;From perfecting the system of evidence disclosure in the system of confession and punishment leniency,constructing sentencing guidelines for confession and punishment leniency cases,and implementing a fully justified system to perfect the supporting system of defense right protection in the system of confession and punishment leniency.