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Plea Guilty And Punished Is A Study Of The Duty Lawyer System Under The Framework Of The Leniency Reform

Posted on:2020-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q D LingFull Text:PDF
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Leniency of admission of guilt and punishment is one of the important reform tasks at present,and the system of on-duty lawyers is a basic supporting system of judicial reform proposed in this context.Therefore,this paper discusses the system of on-duty lawyers from this perspective.Since the pilot,relevant departments have attached great importance to it.In order to truly realize the"simple procedure rather than simple right" in the case of confession and punishment,ensure the legitimacy and voluntoriness of the defendant's confession and punishment,weaken the confrontation between the accused and the defense,and introduce the "duty lawyer system".A series of laws and regulations have been promulgated successively,the main contents of which include:lawyers on duty providing legal advice to criminal suspects and defendants,selection of procedures,application for changing compulsory measures and other legal assistance;Clear accredited institutions,accredited places,etc.Thereafter,it was stipulated in legal form that the people's court,the people's procuratorate and the public security organ shall inform the criminal suspect or defendant of his right to legal assistance from the lawyer on duty.The duty to inform the duty lawyer of his obligation to provide legal assistance.Especially on October 26,2018 revision of the NPC standing committee passed the "about modifying the criminal procedure law of the People's Republic of China decision",will forfeit their pleaded guilty to show leniency as a basic principle of criminal procedural law,at the same time in the new points in the form of legal establishment on duty lawyer system,make it into law field,the judicial system reform in our country into the "fast track".It can be seen that in the current judicial reform,the reform framework of lenient punishment for guilty plea has been preliminarily built,and the svstem of on-duty lawyers has been steadily advancing,introducing a new energy into the current legal structure.However,many problems and shortcomings are still exposed in the process of practice.For example,the resources of lawyers between regions are not balanced,and the support of talents is insufficient.The subject consciousness of on-duty lawyers in some areas is not strong,and there is an attitude of not knowing,not daring and not willing to handle affairs.Among them,the problem that duty lawyers have vague positioning and no meeting in a complete sense is the most prominent one,which leads to the great resistance of duty lawyers to provide effective help and the lack of legal basis for exercising their rights in the process of participating in confession and punishment cases.At present,the role of duty lawyers may be in danger of being blurred and weakened.At this time,criminal suspects,defendants in custody,the need for effective legal help professionals.Therefore,improving the system of on-duty lawyers is the top priority to promote judicial reform.To this end,this paper will be divided into four parts to start the discussion:the first part of the confession of punishment lenient reform and duty lawyer system and the basic issues of the relationship between the two.It mainly introduces the origin of the reform of leniency for admission of guilt and on the basis of the similarities and differences with the American plea bargaining system,and draws on the useful experience to develop gradually.The second part systematically describes the implementation status of the system in China.First,the empirical data of the pilot areas are analyzed.Secondly,taking Beijing and hangzhou as examples,this paper discusses the innovation of the on-duty lawyer system in the implementation process.Finally,a survey was conducted in H city,which was not included in the pilot program,to provide a perspective for the nationwide promotion of the system.The third part reveals the problems existing in the on-duty lawyer system under the lenient reform of admission of guilt and punishment,and analyzes the reasons.The fourth part explores the outlet and breakthrough of the system according to the above problems and reasons.It not only gives explicit consideration to the system from the macroscopic aspect,but also provides direction for the management of the lawyers on duty from the microscopic aspect,supplemented by reasonable supporting measures.In the hope of resolving the contradiction of the small number of people in current cases,providing feasible Suggestions for the on-duty lawyer system,and striving to promote the indigenization of the on-duty lawyer system in China.
Keywords/Search Tags:lenient confession and punishment, duty lawyer system, defendants,suspects, rights and interests protect
PDF Full Text Request
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