On Rights Protection Of Criminal Suspects And Defendants In The Case Of Pleading Guilty And Accepting Punishment

China has proposed and established a leniency system of pleading guilty and accepting punishment through the Criminal Procedural Law of The People's Republic of China.Through the entity leniency and the procedure simplification,realizes the criminal case complex and the simple diversion,thus optimizes the judicial resources disposition,enhances the judicial operation efficiency.However,simplifying the proceedings procedure does not mean criminal suspects and defendants are deprived of right of actions.Regarding to the protection of rights of criminal suspects and defendants,some practical problems have emerged at the legislative level and judicial practices,for which rational responses and effective measures are necessary.This is conducive to the realization of the system of lenient admission of guilty and punishment of the legitimacy of the application and criminal suspects,defendants guilty of the voluntary guarantee.The first part of the study mainly focuses on the leniency system of pleading guilty and accepting punishment.It clarifies the basic connotations of “pleading guilty”,“accepting punishment” and “leniency”,analyzes the theoretical basis such as criminal policy of tempering justice with mercy,judicial concept of consultation and covenant of due process,and sums up the application value such as achieving the best balance of Judicial Justice and Elevation of Suit Efficiency,the harmony and unity of punishment of criminals and assurance of human rights,and the embodiment of the achievements of new judicial system reforms.The second part of the study mainly analyzes the necessity to protection of rights of criminal suspects and defendants in the case of pleading guilty and accepting punishment.The voluntary nature of the confession and punishment of the accused is pledged by balancing the natural weak position of the accused and ensuring that the accused makes substantive judgments;to promote the standardization of litigation acts of public security organs,procuratorial organs and judicial organs by preventing them from using illegal means such as deception and coercion,and by strengthening communication between procuratorial organs and public security organs and judicial organs;by defining requirement of respecting and guaranteeing human rights and preventing wrong casesfairly and effectively,the level of human rights protection in criminal procedure in China is improved.The third part mainly discusses the protection of the right to know the truth of the criminal suspect and defendant in the case of pleading guilty and accepting punishment,analyzes the current situation of Chinese legislation and Chinese and foreign research,studies the practical difficulties in the protection of the right to know,including delay of notification,merely formalistic notification content and unset evidence disclosure system,and comes up with the perfect ways to protect the right of know,such as constructing the node notification system,completing the right notification system,setting up the evidence disclosure system.The fourth part mainly discusses the right of defense of the criminal suspect and defendant in the case of pleading guilty and accepting punishment,analyzes the current situation of Chinese legislation and Chinese and foreign research,discusses the practical difficulties in defense right guarantee,such as the absence of defense counsel,incomplete duty lawyer system,uneven quality of counsels defence,and puts forward the perfect ways to protect the right of defense,including constructing compulsory defense system,safeguarding the rights of duty counsel,ensuring the realization of effective defense.The fifth part mainly discusses the protection of the right of rescission of the criminal suspect and defendant in the case of pleading guilty and punishment,analyzes the current situation of Chinese legislation and Chinese and foreign research,studies the practical difficulties in the right of rescission,such as lack of effective system guarantee,abuse of the right of rescission,and the real risk after reneging,and puts forward the perfect ways to protect the right of reneging right guarantee,such as time regulation,proper reason and mechanism construction.