Research On The Protection Of The Judicial Rights Of The Accused In The Case Of Confession Penalty

In Confessing guilty and pleading punishment cases,the way to protect the rights of the prosecuted are mainly by safeguarding the prosecuted person's right to information,the right to defense and personal rights,etc,to ensure that the defendant's voluntariness and authenticity.In judicial practice,to protect the rights of the prosecuted person,the judiciary authorities mainly implements such methods as multi-party notification,lawyer participation,and leaving marks throughout the process.However,there are indeed some practical problems such as compulsory investigative investigations,inadequate notification of the right of the judiciary authorities,insufficient participation of defense lawyers,and limited appeal rights.It is currently under the general background of the amendment of the Criminal Procedure Law.Besides,the Relevant judicial department has jointly issued "Guiding Opinions on the Application of the leniency System of Confession and Punishment ".At the legislative level,the legislature intends to protect the rights of the person prosecuted for confession and punishment through legislation.At the judicial level,the judicial protection of the rights of the accused person for confession and confession shall also be emphasized.In this paper,the accused the right to plead guilty recognized fine cases of judicial guarantees for the study,the use of literary analysis,according to related cases,empirical analysis and so on,through practice The reasons forthe insufficient protection of the rights of the person pleaded guilty to punishment are analyzed.Based on this,relevant and practical suggestions are proposed,which are mainly divided into four parts.The first part starts with the necessity of protecting the rights of the prosecuted person in Confessing guilty and pleading punishment cases,elaborates the legal provisions on the protection of the rights of the pleaded person,protects the plead guilty the meaning of prosecutors' rights and Summarizes the successful experience of protecting the rights of the prosecuted in cases of confession and punishment.The second part points out the specific manifestations of insufficient protection of the rights of the prosecuted in cases of confession and punishment,such as compulsory investigative investigations,inadequate notification of the right of the judiciary authorities,insufficient participation of defense lawyers,and limited appeal rights.The third part is to solve the problem,discuss and analyze the reasons for insufficient protection of the rights of the prosecuted person.The fourth part provides some solutions to the problems and reasons as stated before.It is necessary to improve the "public prosecution-led investigation mechanism" for confession cases,ensure the effectiveness and timeliness of lawyers' defense,expand the construction of on-duty lawyer teams,and give full play to lawyers' functions.At the same time,it is necessary to strengthen the improvement of supporting measures such as the audio and video,and jointly build a unified case processing platform to form a unified standard forsentencing to ensure the accuracy and standardization of sentencing.