Research On The Present Situation Of Lawyer's Participation In The Leniency System For Confession And Punishment

The Leniency system for confession and punishment in our country is at the expense of the accused to waive some procedural rights and pursue substantive leniency.While improving the efficiency of the lawsuit,it is inevitable to compromise the fairness of the procedure,and the effective participation of lawyers is an important guarantee of procedural fairness in the operation of the system.The criminal procedure law of our country has established the leniency system for confession and punishment,and has added the duty lawyer system,emphasizing that the defense or duty lawyer should be present when signing the affidavit.The importance of lawyers in guaranteeing the legality of the defendant's plea negotiation,fairness in punishment,and reasonable choice of procedures is beyond all doubt.The core content of the leniency system for confession and punishment is to negotiate with the prosecutor.The effective participation of lawyers in the prosecution process directly affects the substantive play of the system.In the first chapter,introduces the research background and significance of this article,the current situation of domestic and foreign research,the research ideas and methods,and the innovation points of this article.This article study on lawyers participate in the leniency system for confession and punishment,from the perspective of the current situation of the operation of a grassroots procurtorate,using literature research and empirical research methods.In the second chapter,through data collection,collation,and interviews with relevant investigation subjects,the author objectively describes the basic situation of the leniency system for confession and punishment in this grassroots procurtorate,as well as the present situation of defense lawyers and duty lawyers participating in confession and punishment cases.In the third chapter,summarizing the two most important problems of the lawyers in the area participating in the confession and punishment cases: one is the low motivation of defense lawyers participating in confession and punishment cases,and the low degree of pretrial substantive participation,and the other is that the duty lawyers participating in confession and punishment cases are become a mere formality.On this basis,the reasons for these problems are analyzed,including the lack of refined sentencing standards,the limitation of the scope of legal aid,the lack of the right exercise of duty lawyers,the lack of funding sources and job security for duty lawyers,and the imperfect aspects of the communication mechanism.The fourth chapter,according to the problems that have already appeared in the operation of the procuratorial organs in the area,puts forward some measures to improve them,specifically from the mobilization of the enthusiasm of defense lawyers,improve the pretrial substantive participation and establish a sound duty lawyer system two major aspects.