The Study On The Role Of Defense Lawyers Under The Framework Of Guilty Confession And Punishment

In recent years,China has entered a transitional period,the number of criminal cases has grown rapidly and the number of cases in the judicial system has become more and more serious.The pressure on the public security and judicial organs to handle cases has increased,the length of lawsuits has been prolonged,and the problems of inefficiency and cost increase have become increasingly prominent.Contradictions,improve efficiency,and put forward a system of pleading guilty,punishing,and penalizing,in order to realize the separation of procedures and the streamlining of criminal cases.It is the institutionalization of China's criminal policy of temperance and strictness in the context of the current new era,and it is also a further deepening of the experimental work of the criminal expedited procedures.It is consistent with the concept of modern judicial tolerance and has a unique value orientation.When pleading guilty and punishing are proposed from the wide system,both practical and theoretical circles have given high hopes in order to effectively improve the burden of criminal trials that are overloaded.However,some people doubt the legitimacy of the system,its advantages and disadvantages,and the media also call it the "China version of the plea bargaining transaction," which has caused people's controversy and discussion.Therefore,how to ensure the legitimacy and scientificity of the operation of the system of pleading guilty,sanctioned andpenalized is the most important aspect of its long-term application.Among them,the function and role of defense lawyers in the system are very important.If there is no extensive participation of defense lawyers,then Talking about the Impartiality of guilty confession and punishment.Moreover,the extent to which defense lawyers participate in criminal cases can reflect the level of the rule of law and the protection of human rights in a country,affecting the progress and results of criminal proceedings.However,at present,there are still many deficiencies in the defense function of our country's lawyers.There are many deficiencies that need to be improved.For instance,our country's law grants defense lawyers many litigation rights.However,in judicial practice,infringement of a lawyer's right to defend can not fully exercise the rights granted by the law.Frequent occurrences have seriously affected the defense lawyers' role in criminal proceedings and,to a certain extent,the legitimate rights and interests of the defendant.In order to protect the guilty,truthful and willingness of criminal suspects and defendants to plead guilty,to punish and select procedures,to effectively protect the litigant's rights of litigation,and to achieve fairness and efficiency in the administration of justice,the involvement of defense lawyers becomes a matter of right.From the perspective of defense lawyers,this article deeply studies the path of the role of defense lawyers in the guilty,punishing,and permissive system,and ensures that defense lawyers intervene in guilty and confiscation cases,so that the defendant can consult the defense lawyers before the court to understand the alleged Crime facts,evidence,and legal knowledge to really plead guilty.The first is to define the concept of the confession,punishment,and punishment system,and to analyze the meanings of confession,punishing,and broadening,respectively.The second is the analysis of the value orientation of the guilty,punishing and permissive system.Second,this chapter analyzes the interpretation of the role of defense lawyers in the Pilot Measures,including the provisions of the Pilot Measures concerning the role of defense lawyers and the widening of defense lawyers' confession and punishment.The difference between the role of the system and ordinary criminal procedures.Finally,this chapter also elaborates on thetheoretical basis for defense lawyers' participation in the plea bargaining system.It is specifically divided into the practical needs of human rights protection,the realization of litigation justice,the requirements for improving the efficiency of lawsuits,and the guidance of the balance of prosecution and defense.The second chapter is about the status quo of the role of defense lawyers in the trial of guilty confession and punishment.This chapter examines and analyzes the reality of the role of defense lawyers in judicial practice and finds that there are many problems,both the absence of rights and the protection of rights.This is specifically reflected in the following aspects: the lack of participation of defense lawyers and the contradiction of “more cases and fewer laws”;the formalization of defense lawyers;the existence and nature of duty lawyer systems are not clear,the scope of defense rights is limited,and it is difficult to provide for respondents.Effective legal help and other defects.In addition,this chapter also discusses the reasons why defense lawyers did not fully play their roles in the plea bargaining system.The main reason was that the scope of the rights of the defense lawyers in the sentencing agreement was not clearly defined in the "Pilot Measures." There are no four aspects of setting up evidence disclosure systems and sanction measures that do not violate legal procedures.The investigation of the status quo and the reasons behind the analysis aim at embodying the practical necessity of ensuring that the role of defense lawyers is played in the framework of perfecting the process of pleading guilty,punishing and sanctioning,and is conducive to comprehensive thinking in the discussion process below.The third chapter is the reference for the protection of defense lawyers in the relevant systems of foreign countries.This chapter focuses on the role of defense lawyers in the plea bargaining system of the Anglo-America legal system and civil law major countries.In the U.S.and U.K.plea bargaining system in the United States and the United States,the defendant's right to be present was highly valued when interrogating the defendant,and the evidence disclosure system was specified in detail.In addition,the United States defense lawyers also have the right to investigate and collect evidence and collect all the evidence that is beneficial to their clients.In thejudicial systems of Germany and France in the civil law system,the defense lawyers' right to review and the right to review are fully protected,and the consequences of non-compliance by the interrogation agency are clearly defined.That is,the confiscation of the accused person cannot be used as evidence..This punitive effect limits the prosecution's negotiation behavior in plea bargaining,thereby protecting the lawyer's defense function in this procedure.Through comparative analysis of the role of defense lawyers in relevant systems in countries of the Anglo-American and civil law countries,judicial practice in China can learn from their excellent achievements and successful experiences and summarize the lessons learned from them,such as focusing on safeguarding litigation rights of defense lawyers.The form of legal aid tends to diversify and develop,combined with the national conditions of our country,the establishment of compulsory defense lawyers to participate in the system to adapt to the development of the rule of law in China.The fourth chapter is about the realization of the role of defense lawyers in the system of confession,punishment and punishment.Based on the above theoretical background and practical experience,through the analysis and evaluation of the current lawyer's defense role,several countermeasures have been proposed to make the defense lawyer's role in China's plea bargaining system more fully and effectively.Mainly from four aspects of the guilty,punishing and widening system to protect the role of defense lawyers launched a specific construction.The first level is to improve the participation rate and quality of defense lawyers,including the optimization of the defense lawyers' legal environment,the expansion of the scope of legal aid,and the strengthening of lawyers' effective defense functions.The second level is to perfect the lawyer system on duty.Specifically,it includes clarifying the nature and positioning of on-duty lawyers,conferring the same basic legal rights as on-duty lawyers and defense lawyers,and strengthening the training of on-duty lawyers' penalties for negotiation.The third level is the safeguard measures that defense lawyers play in the process of sentencing consultation.Specifically,one is to clarify the scope of the defense lawyer's rights in the sentencing agreement;the second is to regulate the content of the sentencing agreement between the defense lawyer and theprocuratorial agency;and the third is to improve the procedure for the procuratorial agency to hear the opinions of the defense lawyer.The fourth level is to improve the relevant supporting measures for the role of defense lawyers in the case of guilty plea.The perfect supporting measures are to better guarantee the implementation of this procedure,which mainly involves the establishment of evidence disclosure system,the improvement of the right notification system,and the establishment of a procedural sanction mechanism that infringes upon lawyers' right to defense.