A Study On The Effective Defense Of Lawyers Under The System Of Guilty Recognition And Punishment

In order to realize the simple diversion of cases and pursue the efficiency of litigation,the lenient system of admission and punishment has run through the whole process of criminal proceedings.In criminal cases where the lenient system of admission of confession and punishment is applied,the lawyer is the most powerful helper in the legal sense of the accused,but the establishment of the system in the criminal procedure law makes the focus of the lawyer's defense activities shift to the pre-trial procedure,and the main feature is the consultation of the defense question of how the lawyer's defense can constitute an effective defense is worth discussing.In the criminal procedure of guilty confession and punishment,the lawyer's conscientious defense according to law is the minimum requirement to realize the effective guarantee of the accused's right to defend,and also the minimum limit for the lawyer to realize the effective defense of the accused's guilty confession and punishment.On the basis of making it clear that due diligence defense is the standard of effective defense for lawyers,and combining the similarities and differences between effective defense and traditional effective defense under the lenient system of confession and punishment,this paper summarizes the necessary conditions for lawyers to effectively defend the accused under the lenient system of confession and punishment,and makes clear that effective defense by lawyers under the system of confession and punishment is necessary to guarantee the right of the accused to defend.The leniency system of guilty plea is clear In the process of making sure,implementing and gradually perfecting,combining with the current situation of legislation and judicature of the effective defense of the accused of guilty plea and punishment in our country,the objective problems of the lawyer's defense activities are highlighted in the application of the lenient system of guilty plea and punishment,such as: the quality of defense is not high,the defense of sentencing negotiation is not enough,the lawyer's help is not connected properly in the procedure of litigation stage,and the voluntary right guarantee of the accused person's guilty plea and punishment is insufficient.Better achieved A lawyer's effective defence of guilty plea and punishment.In the process of perfecting and applying the lenient system of confession and punishment,the author contributes a little to the protection of the rights of the accused.