Research On The Defense Right Protection Of The Defendant Under The System Of Leniency Of Guilty Plea

In order to carry out the judicial policy of combining justice with leniency and optimize the allocation of judicial resources,the system of leniency of Guilty Plea has been set up in the criminal procedure law of China.Compared with the cases of not pleading guilty or admit punishment,the center of the defendant’s right to defense is not in the trial stage but in the review and prosecution stage.The defendant’s way of exercising the right to defense is more moderate and its right to defense is more vulnerable to be infringed.In order to safeguard the judicial justice and ensure the proper operation of the system of leniency of Guilty Plea,we need to constantly improve the safeguard procedures for the right of defense of the accused.The text of this paper is divided into four parts to elaborate the protection system of the right of defense of the accused who pleads guilty and admits punishment.The first part mainly introduces the basic theory of the protection system of the right of defense of the accused who pleads guilty and admits punishment,mainly studies the connotation and characteristics of the right of defense of the accused who pleads guilty and admits punishment.Under the system of leniency of Guilty Plea,the right of defense of the accused means that the accused is willing to accept the evaluation of his own criminal behavior by the prosecution authorities and accept legal sanctions,and negotiate with the prosecution authorities to request the judicial authorities to lenient punishment,as well as other procedural rights to refute and explain the charges of the prosecution authorities.To protect the right of defense of the accused is conducive to protecting the voluntary nature of the defendant’s confession and punishment,helping the case handlers to better find the truth of the case,and maintain the subject status of the accused.In the second part,we turn the research perspective to the outside world,and study the protection system of the prosecuted person’s right of defense under the system of leniency of Guilty Plea.Throughout the world,in the judicial activities of the two major legal system countries,in order to realize the optimal allocation of limited judicial resources,the system of reducing charges and commuted sentencing is also set up to encourage the accused to make guilty plea and give up formal trial.Through the research on the protection system of the defendant’s right of defense in the similar system of leniency of Guilty Plea in foreign countries,we can get many useful experiences from it,so as to help our country better build the protection system of the defendant’s right of defense in pleading guilty and punishment.The third part will turn the research perspective back to China,and sort out the current situation and problems of the protection of the defendant’s right to defense in the system of leniency of Guilty Plea.At present,our country has only initially established a set of protection system for the right of defense of the accused who pleads guilty and admits punishment,and there are still many deficiencies,which need to be studied and improved by scholars.At present,the main problems of the protection of the defendant’s right to defense in our country are as follows,:the protection of the defendant’s Voluntary nature of the right to defence is not enough,the defendant’s right to participate in the consultation of prosecution and defense is not enough,the defendant’s right to retract the decision of confession and punishment faces the risk of retaliation charges,and the role of lawyers is marginalized.The fourth part mainly introduces the suggestions to improve the protection system of the right of defense of the prosecuted person’s right.Our country should revise the protection system of the right of defense of the accused who guilty and admits punishment from four aspects It includes the improvement of the voluntary guarantee mechanism of the accused under the leniency of confession and punishment system,the establishment and improvement of the participation mechanism of the consultation procedure of the prosecuted person’s plea,the construction of the guarantee mechanism of the prosecuted person’s right of rescission under the leniency of confession and punishment system,and the establishment of the lawyer’s effective help guarantee mechanism under the leniency of confession and punishment system.