Research On The Protection Of The Defendant's Rights Under The Lenient System Of Pleading Guilty And Pleading Punishment

The lenient system of pleading guilty and confessing punishment is the embodiment of the rule of law in the criminal policy of Combining Leniency with severity.It is also the necessary requirement to realize the simplicity and diversion of criminal procedure and improve the efficiency of proceedings.It is also a useful exploration to respect and protect human rights and change the traditional relationship between judicial prosecution and defense.Starting from the practice during the trial period of lenient plea system,this paper tries to sort out the viewpoints,practices and experiences of various aspects in promoting the plea system in safeguarding the rights of the accused,with a view to detecting omissions and making up for deficiencies,so as to promote this work.The first part of this paper introduces the background and practice of the system,demonstrates and analyses the concept,characteristics,value and role of the system,in order to form a more comprehensive understanding of the plea system as a whole.This is the logical starting point of this paper.The second part of this article,from the legislative and judicial dimensions,combs the status quo of the protection of the rights of the accused under the lenient system of plea guilty and punishment,finds out the problems from the aspects of the accused himself,the system and the society,and analyses the reasons.This is the practical significance of this study and the premise of putting forward the improvement measures.In the third part of this paper,we will introduce and dialectically analyze therelevant or similar systems in western developed countries,such as the United States and Germany.Through the similarities and differences in the protection of the rights and interests of the accused in similar systems in foreign countries,it can provide reference for improving measures.The fourth part of this paper,combined with the analysis of the causes of the problem and the reference of foreign experience,puts forward some suggestions to safeguard the rights and interests of the accused from the aspects of building the ideological foundation of the rights protection of the accused,safeguarding the principal position of the accused,and building a comprehensive system of the rights protection of the accused.