Research On Defendant’s Lawsuit Rights Protection In The System Of Confession,punishment And Leniency

Under the judicial background of implementing the criminal policy of "combining punishment with leniency",a substantial increase in criminal cases and a large backlog of cases,China began to explore the trial work of the system of admitting guilt,recognizing punishment and leniency in 2016,aiming at ensuring a fair trial and improving judicial efficiency.Since the pilot,the judicial efficiency has been improved and the backlog of cases has been eased.However,in the protection of the accused’s litigation rights,there are some problems that need to be solved urgently in the legal text and judicial practice.In this regard,the article attempts to conduct a systematic discussion on the problems that have arisen and puts forth solutions.This article divides the development of the system of admitting guilt,recognizing punishment and leniency into three stages: theoretical proposal,system experiment and formal legislation,then briefly explains the content of the protection of the accused’s litigation rights in the three stages.In chronological order,this article first clarifies the deficiencies of the protection of the accused’s litigation rights in the criminal defense environment before the system of confession,punishment and leniency was put forward,and then gradually analyzes the emerging problems of the protection of the accused’s litigation rights in the pilot phase,the improvement of the protection of the accused’s litigation rights after the revision of the criminal procedure law and the still deficiencies.Through analyzing the deficiencies of the protection of the accused’s litigation rights after the revision of the criminal procedure law,such as the imperfect regulations of the duty lawyer,the insufficient protection of the accused’s right to know about sentencing,and the lack of the accused’s right to regret,etc.this paper studies and analyzes that the main reasons for the lack of protection of the accused’s litigation rights are the younger age of the system,the vulnerability of the sentencing range to discretion and the inherentunderstanding of "regret" in the concept.Next,we introduce the relevant extraterritorial systems: the plea bargaining system in the United States and the protection of defendants’ litigation rights in the criminal negotiation system in Germany.In order to solve the problem that the prosecuted person‘s litigation rights are not fully protected,we can properly learn from the experience of the United States and Germany in the protection of the accused’s litigation rights when exploring solutions.Combined with the actual development of China’s criminal litigation system,we can conceptually explain the existing provisions within the system and formulate relevant supporting judicial systems externally,such as the duty lawyer system,the construction of standardized sentencing and the addition of a set of provisions on regret rights to protect the accused’s litigation rights.