Study On The Defense Issue In The System Of Leniency On Admission Of Guilty And Acceptance Of Punishment

Under the background of light punishment of crime,as specific embodiment of “confess leniently” and the criminal policy of tempering justice with mercy,at the beginning of proposal,the system of leniency on admission of guilty and acceptance of punishment is assumed the role of “sorting between complex and simple legal cases” and of optimizing the allocation of judicial resources.After two years pilot work,the system of leniency on admission of guilty and acceptance of punishment has been written in the criminal procedure law.“Crime confession” is truthful confession of one's crime,“punishments acceptance” includes acceptance of abstract punishment and procedure rights concession and so on,and “leniency” includes both substantive leniency and taking lighter coercive measure,application of more simplified procedure.The three are closely related to form the system of leniency on admission of guilty and acceptance of punishment.As for controversial issues,in author's opinion,there are connections and differences between the system of leniency on admission of guilty and acceptance of punishment and plea bargain,and the standard of proof in this system should remain unchanged.As an important system in criminal legal system,the defense system is of great realistic significance for guaranteeing the human rights of the accused,realizing equal confrontation between the prosecution and the defense,promoting judicial justice.In the system of leniency on admission of guilty and acceptance of punishment,it is unavoidable that innocent people to “make false confessions”,so in the cases of admission of guilty and acceptance of punishment defense is still necessary.There are special defense points in admission of guilty and acceptance of punishment cases: When taking the voluntariness and authenticity of confession as defense point,the defender can exclude illegal evidence or meet and communicate with the accused.In the review and prosecution stage,lawyers mainly strive for the maximum leniency treatment with active defense of sentencing.At the trial stage,the lawyer can defend the authenticity and legality of the confirmation document,or defend the sentencing suggestion.In respect of effective defense,the system of the lawyer on duty can play a role in protecting the defendant “to obtain effective legal help”.In respect of independent defense,lawyers should take the client's interest as core and defend for the accused with positive action.It is difficult for the defense system to play its role effectively,which is a long-term issue in China's criminal procedure.There is gap,between the pre-trial and the trial stage,in the process of legal help by the lawyer on duty.The characteristics of the system also bring risks to the rights of the accused.In order to continuously improve the system of leniency on admission of guilty and acceptance of punishment,we need to solve these problems.The society should attach importance to the defense system to exert its original function,guarantee the accused's right to learn the truth and meeting right,defense lawyers should participate in litigation as soon as possible.Meanwhile,we should promote the lawyer on duty transform to the assigned defender and revise relevant judicial interpretations.