Research On The Defense Mechanism And Practice Of Sentencing In Leniency Cases

In recent years,with our society entering the transition period,the contradiction between the rapid growth of criminal cases and the small number of cases in the judicial system has become more prominent.The pressure of judicial organs to handle cases has increased,the litigation cycle has been extended,and the problems of low efficiency and rising cost have become increasingly prominent.In order to resolve this contradiction and improve the efficiency of litigation,China has put forward to improve the leniency system of confession and punishment,so as to realize the separation of procedures and the separation of complexity and simplicity in criminal cases.The leniency system of confession and punishment is the institutionalization of the criminal policy of Combining Leniency with severity in the new era.How to ensure the legitimacy and scientificity of the operation of the leniency system of confession and punishment is the top priority of its long-term application.Among them,lawyer's help,as an important mechanism to ensure the willingness and authenticity of the accused's confession and punishment,plays an important role in ensuring the correctness and fairness of the handling of confession and punishment cases,and therefore becomes an important part of the leniency system of confession and punishment.However,because the leniency of confession and punishment system structure has a significant impact on the traditional criminal defense whose main activity is the trial stage,the structural change and specific practice of criminal defense in the leniency of confession and punishment cases have become a topic worthy of common concern in theory and practice.For this reason,from the perspective of defense lawyers,this paper studies the realization path and specific practice of the role of defense lawyers in the system of leniency of confession and punishment,and on this basis,puts forward targeted suggestions for improvement.This paper is divided into six parts,focusing on the practice,difficulties and corresponding measures of sentencing defense in the case of leniency of confession and punishment.The first part is the introduction.It mainly introduces the basic background,research significance,literature review and research of this study methods and research framework.The second part is the normative analysis of pleading guilty and pleading for leniency.From the perspective of value,this paper analyzes the functions of criminal defense in the leniency system of confession and punishment,which can guarantee the legality and voluntariness of the accused's confession,guarantee the fair handling of the confession and punishment cases and prevent the wrong cases.On this basis,the paper analyzes the structural influence of leniency of confession and punishment system on sentencing defense in the aspect of sentencing defense subject,which brings the coexistence of defense lawyers and duty lawyers,the advance of sentencing defense from trial stage to review and prosecution stage,the transformation of sentencing defense technology from generalization to precision,and the transformation of sentencing defense form from confrontation defense to negotiation defense.The third part is the empirical analysis of sentencing defense in the case of leniency of confession.It mainly analyzes the defense rate and distribution of lawyers,the mechanism of sentencing defense opinions,the adoption of sentencing opinions and the influence of lawyer's defense on the judgment results in the case of pleading guilty and punishment in combination with the judgment documents,and finds out the practical mechanism and function of different types of lawyer's defense.The fourth part is the investigation and Enlightenment of lawyers' participation in the negotiation procedure of pleading guilty in Taiwan.Based on the consanguinity of legal source,litigation culture and litigation mode between Taiwan and mainland,this paper investigates the negotiation system of confession in Taiwan.It is found that lawyer's participation is one of the main forces to promote the negotiation procedure of confession,while compulsory lawyer's participation is an important feature of the negotiation system of confession in Taiwan,and also an important mechanism to guarantee the voluntary confession of the defendant,which indeed plays an important role in practice.On this basis,it is found that to play the role of lawyers in protecting the defendant's voluntary confession and to improve the mechanism of consultation on prosecution and defense is worthy of reference for the improvement of relevant systems in the mainland.The fifth part is about the problems of pleading guilty and pleading for leniency in sentencing.On the basis of summing up the problems existing in the defense of lenient sentencing,such as insufficient equality of prosecution and defense,unclear duty orientation of duty lawyer,and insufficient technology of fine sentencing defense,this paper puts forward some suggestions,such as establishing a consultation mechanism of hearing confession and punishment,improving duty lawyer's duty of legal assistance and rights and interests,and improving relevant supporting guarantee system.