The Effective Participation Of Lawyers In The Lenient System Of Confession And Punishment

The system of lenient punishment for guilty plea has injected fresh blood into the development of China's criminal justice system.which is one of the contents of the new round of criminal justice system reform.The lawyer Duty system is pioneer.The system of lenient punishment for guilty plea not only alleviate the contradiction which is more cases than people but also realize the litigation efficiency in the proceedings.The justice is a last resort that should be ensured insured.The system of lenient punishment for guilty plea facing the biggest challenge is protection which is the right of criminal suspect or defendants.Protection occurs in three phases,that contain “examination”?“prosecution” and“ trial”.The system of lenient punishment for guilty plea should be build effective institutional safeguards which ensure the effective participation and implement of the lawyer who is the most suitable subject for the protection of the rights of suspects and defendants.Firstly,Analysis of the background and significance of the system of lenient punishment for guilty plea is how to produce,Which based on the background of China's current judicial system reform and combination with Measures for pilot work and Criminal procedure law which has been newly adopted since 2018.The system of lenient punishment for guilty plea summarizes the sensing of "confession","punishment" and "leniency" and the principles that is should be implement.Secondly,combined with two years of pilot work experience and judicial practice,pointing out the problems in the course of litigation that on-duty lawyers and defense lawyers.Drawing Conclusions of Three particularities under the system of the system of lenient punishment for guilty plea,"the cooperation of judicial organs" ? "the shift of defense focus" and "defense independence is limited to a certain extent",In addition to the role of the system of lenient punishment for guilty plea that the lawyer effectively participating.Finally,the article realizes the effective participation of lawyers under the system of the system of lenient punishment for guilty plea.Through four aspects,establishing the legal system of "compulsory defense",giving lawyers the right to present and review papers in the investigation stage and setting up the right of sentencing agreement between the prosecution and the defense.