Construction Of Effective Legal Aid In Leniency System Of Confession And Punishment

The system of pleading guilty and pleading lenient punishment embodies the spirit of modern judicial tolerance,which is the concrete and institutionalized implementation of the criminal policy of tempering justice with mercy.In the case of pleading guilty and pleading guilty,criminal legal aid plays an important role in citizens' obtaining litigation rights,optimizing judicial resources and realizing judicial justice.However,there are many problems in the practice of lenient system of pleading guilty and pleading punishment in China,such as the disputed intervening time of legal aid,the unobstructed channels of providing legal aid,especially the criminal suspects and defendants get defense in criminal legal aid in a mere form,the effectiveness of legal aid can not be substantially guaranteed,which leads to the law.The effectiveness of legal aid is insufficient,and effective legal aid has become empty talk.In the cases of lenient legal aid for confession of guilt and punishment,there are two prerequisites for the protection of the lawful rights and interests of criminal suspects and defendants: one is whether the parties can obtain criminal legal aid,including the scope and stage of legal aid,which is a universal problem;the other is that the parties can obtain effective legal aid,mainly involving Effective defense to lawyers is a question of effectiveness.Only by pursuing effective legal aid can we safeguard the legitimate rights and interests of the parties,ensure that innocent people are not subject to criminal prosecution,criminals are fairly punished,and promote judicial justice.This paper explores the realization of effective legal aid under the background of lenient system of confession and punishment,combs out the current situation of effective legal aid under the vision of confession and punishment in China,analyzes the factors influencing effective legal aid,and tries to implement the system and lawyers.In defense,supervision system and other aspects,explore the path to effective legal aid in the system of leniency of confession and punishment.The main body of this article consists of three parts:The first part is the summary of effective legal aid and the criteria for judging its validity,which is the theoretical basis of the full text.By introducing the development process of the leniency system of confession and punishment,as well as the connotation and types of effective legal aid,I put forward the question of how to realize the validity of legal aid in the leniency system of confession and punishment.The second part analyzes the current situation of effective legal aid from a broad perspective,mainly including the historical evolution,relevant legislation,and cites a large number of data and typical cases,analyzes the three factors affecting effective legal aid,and then discusses the significance and needs of effective legal aid in the system of leniency.The third part is aimed at the bottleneck of the development of effective legal aid in the lenient system of confession and punishment,based on the basic national conditions of our country,from four aspects of legislation,improving the implementation procedures,improving the defense of lawyers,and establishing a regulatory system,to explore the countermeasures and suggestions for the construction of effective legal aid in the context of lenient system of confession and punishment.