Lawyers In Pleading Guilty And Punishing Cases Effectively Participated In The Research

There is a barrier about the tremendous judicial pressure and the low lawsuit efficiency in Chinese practice of criminal justice for a long time.With making painstaking efforts for many years,no matter in theory or practice field,an overwhelming number of professionals have put many modified suggestions.However,the solutions from the fundamental aspect to solve this problem for various reasons were not found.The lenient system on those plead guilty or accept punishment and proceedings system which centered on trial just like the two wings of judicial reform to put judicial proceeding going forward.From the level of system,establishing the lenient system on those plead guilty and accept punishment is to relieve judiciary pressure and enhance lawsuit efficiency.However,it puts the accused on the understanding that pleaded guilty or accepted punishment before about its implement.That means the accused is willing to give up the right about competing with prosecution.It is wrong for pursuing efficiency preferentially at the cost of giving justice away.If judicial officials applied lenient system on those plead guilty or accept punishment to the accused,their innate procedural rights would be depleted.Thus,it is essential that lawyers join in the case and offer valid legal assistant to the accused who pleads guilty and accept punishment.The dissertation discusses and analyzes how to complete the lenient system on those plead guilty and accept punishment under the dimension that lawyers can take part in law case about plead guilty or accept punishment effectively.In the chapter one,the dissertation introduces basic outline about theory of the lenient system on those plead guilty and accept punishment.Above all,the paper commences from the background of setting this system.In addition,makes a discussion from the aspects of pleading guilty,accepting punishment and handling leniently.Next,elicits this system how to work from the entity law and procedure law two different filed.Lastly,finds out the value about this system from the direction of criminal policy and judicial proceedings.In the chapter two,the dissertation sets forth the inevitability from theory and practice two aspects.In theory,about the intervention of lawyers to the development of criminal procedure is an inexorable trend.At the same time,the lenient system on those plead guilty and accept punishment provide a legal support to the intervention of lawyers.Obviously,the participation of lawyers in the case about pleading guilty and accepting punishment and judgement centralism can complement each other.The critical point to the participation of lawyers and the lenient system on those plead guilty and accept punishment is that their concept can couple with each other.In practice,the participation of lawyers can keep pace with the judicial background at the back of the lenient system on those plead guilty and accept punishment.Meanwhile,lawyers also play a vital role with their unique action in the development of that system.In the chapter three,the study puts valid legal assistant as a starting.By making investigation and data collection,knowing the situation about participation rate of lawyers intervening related cases about pleading guilty and accepting punishment,realizing running condition about the lawyer who is on duty,dissecting legal aid deeply about criminal law and so on,are to dig out limitation and shortage in the system existing judicial practice.In the chapter four,in allusion to the problem about lawyers taking part in the cases about pleading guilty and accepting punishment,the study introduces the theory of effective defense and provides several suggestions to the system how a lawyer on duty can effectively participates in a plead guilty and accept punishment case.