Study On The Protection Of Litigant Participants' Rights In The Cases Of Pleading Guilty And Accepting Punishment

According to the Criminal Procedure Law of the People's Republic of China,which was amended on October 26,2018,the Lenient System for Pleading Guilty and Accepting Punishment has officially became a criminal procedural principle in China.The Congress generally holds a positive attitude towards the pilot program of the Lenient System,and it means that the pilot has reached great achievement.However,we can't ignore those problems revealed in polit process,especially the inadequate protection of the rights for litigant participants.With analyzing the plight of protection of the rights for litigant participants,there are three factors resulted in the problems.The first is improper choice of legal value.Neglecting judicial procedure but praising entity justice highly is a long-term existed problem in practice.And the lawsuit efficiency was been overemphasized in the pilot,which hindered the development of the Lenient System.The second is the weak system foundation.The obligation-departmentalism in criminal procedure mode and the investigation-centrism in lawsuit structure impeded the implementing of the leniency for guilty plea system.Lastly,there are also problems about the interaction between the Lenient System and other related systems due to its nascent stage.From the perspective of the rights protection of litigant participants,this paper is committed to make suggestions for the perfection of the Lenient System for Pleading Guilty and Accepting Punishment.Recommendations are as follows.Firstly,seizing the opportunity of the Systemic Reform of Litgation for Judgement As The Center to transform the departmentalism in criminal procedure mode and make the adjudgement-centrism come true.Next,reforming the criminal procedure to safeguard the rights of litigant participants continuously in the case-handling process.Thirdly,changing the way of signing the guilty plea document,it's proposed that the document should be signed in the ex-court meeting.Last but not least,establishing andimproving a full-coverage system of lawyer defense to provide comprehensive legal support for criminal suspects and defendants.