Research On The Defense System Of Lawyers In Plea Of Guilt And Penalty Cases In China

The lenient system of confession and punishment is an important judicial reform project in China in recent years.On July 22,2016,the Leading Group of the Central Committee for Comprehensive and Deepening Reform adopted the Pilot Program for Reforming the Lenient System of Pledging and Punishment.More than 50% of the criminal cases in the pilot areas were settled by the Lenient System of Pledging and Punishment.With the increasing number of plea guilty cases and the continuous improvement of relevant legal mechanisms,the lenient system of plea guilty and punishment was established in October 2018 in the Criminal Procedure Law of the People's Republic of China(hereinafter referred to as the "Criminal Procedure Law").This system is different from the "adversarial justice" essence of traditional criminal procedure.It is a new criminal justice concept and litigation mode,namely "cooperative justice".The purpose of establishing the lenient system of confession and punishment is to promote the simplicity and diversion of cases,alleviate the contradiction between the number of cases and the number of cases,improve the efficiency of criminal justice,save limited judicial resources and restore social relations.The establishment of lenient system of confession of guilt and punishment has improved the good opportunity for the substantive development of criminal defense in China.With lenient system of confession of guilt and punishment as the starting point,China can gradually realize the comprehensive development of lawyer's defense.Lawyer's comprehensive defense is the necessary condition to ensure the voluntary confession of guilt and punishment of criminal suspects and defendants,so our country should realize the full coverage of defense lawyers in general procedure and lawyers on duty in summary and quick judgment procedure accordingly.Because the premise of applying lenient system of confession of guilt lies in the voluntary confession of criminal suspects,ensuring that the early and voluntary confession of guilt of criminal suspects and defendants is for lawyers.As a challenge to competence,new requirements are put forward for the level and quality of lawyer's defense.In the pre-trial stage,lawyers need to change their communication with judges from traditional criminal mode to effective sentencing consultation with procuratorial organs,which will promote the new development of the tripartite structure of prosecution,defense and trial,and the status and role of lawyers will also change.By analyzing the legislation and judicial status of lawyer's defense in plea guilty cases,this paper puts forward the existing problems,and draws on the advanced experience of foreign related settlement mechanisms,and puts forward some suggestions for improving lawyer's defense in plea guilty cases.Firstly,the duty lawyer system should be perfected to make it "defender-like",to realize the comprehensive defense of plea guilty cases,and to make the existence of lenient plea guilty system legitimate.Secondly,drawing lessons from the establishment of effective defense standards in foreign countries,we can help our country establish effective defense rules for pleading guilty and lenient punishment system,and protect the legal rights and interests of criminal suspects and defendants.Thirdly,the traditional solidified "adversarial" judicial concept of lawyers should be transformed into "consultative" judicial concept,so as to truly meet the needs of plea guilty cases.Finally,we should strengthen the level of lawyers' defense,improve the quality of lawyers' defense,promote procedural justice and realize substantive justice.