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Research On The Defense In The Lenient System Of Guilty Plea

Posted on:2021-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:F B ChengFull Text:PDF
GTID:2416330620963761Subject:legal
Abstract/Summary:PDF Full Text Request
The leniency system of guilty plea is an extension of the system based on the accusation of the accused by the prosecution.It is widely existed in the criminal proceedings,and its nature is both substantive and procedural,and it is obviously different from the extraterritorial plea bargaining system.The fluctuation of the legislative purpose of the system of guilty admission and leniency has led to many theoretical defects and some practical difficulties.The legislative purpose of the lenient system of guilty admission and punishment should be reclassified into substantive and procedural levels.The defense system is an important system to protect the legitimate rights and interests of the defendant,and it is of great significance to promote the balance of the trial structure and the judicial justice.In the system of lenient admission and punishment,it is inevitable that there is a case of involuntary admission of guilt.Therefore,in order to reduce the wrongful case caused by false admission,it is necessary to defend the respondent in the case of lenient admission and punishment.In the case of guilty plea and leniency,the role of the defense lawyer in the voluntary guilty plea,the examination and prosecution stage and the trial stage has not been fully played.The voluntary examination of the respondent is the primary proof link in the case of lenient admission of guilty plea.The defense lawyer can meet and correspond with the respondent to eliminate the illegal evidence to the maximum extent.Follow-up examination and prosecution stage and trial stage,the accused person rights and interests safeguard is depended on the defense lawyers take active defense way of defense for the accused man win favorable verdict,pleaded guilty in the process of trial lawyers can forfeit their declaration of authenticity,legality,and the application being prosecuted people back to defend the entry.The comprehensive coverage of lawyers in cases where the system of lenient admission and punishment is applicable helps to guarantee the basic rights of the accused,but the core role of lawyers in guaranteeing the judicature of admission and punishment of the accused has not been fully played,and there are risks that the system ofon-duty lawyers will be alienated into witness system.Perfect lawyer pleaded guilty in greater forfeit the location in the system,should pay attention to how to carry out effective defense lawyer in criminal cases and how to provide relative to the accused person on duty lawyer essence of legal aid,implement a lawyer and legal help the effective cohesion and integration,construct the defendant negotiation of due process.
Keywords/Search Tags:the System of Leniency, Defense system, The right to counsel, Effective defense
PDF Full Text Request
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