Font Size: a A A

Research On The Defense Protection Of The Prosecutor's Lawyer Under The Background Of The System Of Plea Guilty And Punished Leniency

Posted on:2019-09-11Degree:MasterType:Thesis
Country:ChinaCandidate:T ChangFull Text:PDF
Abstract/Summary:PDF Full Text Request
In August 2016,Lianggao carried out a pilot project on the lenient system of guilty admission and punishment in 18 cities.The introduction of this system is of great significance for improving the efficiency of criminal proceedings and alleviating the pressure of more and fewer cases.However,with the development of the pilot work,there are many problems,such as not putting into effect the defense guarantee of the accused lawyer in the lenient system of pleading guilty and penalizing.It is of great significance to perfect the leniency system of pleading guilty and penalizing to carry out the defense protection of the accused.Therefore,this paper will discuss in detail the defense security of the accused person under the lenient system of guilty admission and punishment.The defence of the accused person is guaranteed by the lawyer.The theoretical basis mainly includes the following aspects: the litigation structure of the equality of prosecution and defense,the litigation system of adversarial mode,the theory of approaching the idea of justice and the theory of human rights protection.Its value consideration mainly includes maintaining judicial procedure justice and substantive justice,improving judicial operation efficiency and strengthening special prevention of Criminal Justice.At the same time,the main reasons for the problems in the defense security of the accused are the influence of the historical and cultural tradition of our country,the limitation of the progressive rule of law and the restriction of the concept of social governance lagging behind.On the basis of drawing on the beneficial experiences of other countries or regions,we can perfect the lenient system of guilty pleading and penalizing in the following aspects: first,we should perfect our country's lenient system of pleading guilty and penalizing punishment.The legal aid system;two is to establish an effective legal aid mechanism and the establishment of the defense quality guarantee mechanism on duty lawyer system,and the three is to further implement the rights in the lawyer's defense operation,so as to guarantee the legitimate rights and interests of the accused and maintain the fairness and impartiality of the society.
Keywords/Search Tags:plea bargaining leniency system, Accused person, lawyer's defense safeguard, perfect
PDF Full Text Request
Related items