Study On Effective Defense Under The System Of Guilty Plea And Leniency

The leniency system of guilty plea is a comprehensive reform of substantive law and procedural law,which is not only an important criminal system in the reform of criminal justice,but also an important legal principle throughout the application of criminal cases.Greater pleaded guilty to forfeit their system reform has a special times background and significance,from the fourth plenary session of the 18,2014 for the first time put forward to perfect our country judicial reform in China’s criminal lawsuit system of confession forfeit from the system,to September 2016 selected 18 areas across the country as a pilot on the two-year pleaded guilty to forfeit their applicable,from system to in October 2018,on the basis of summarizing the experience,In the criminal procedure law of the People’s Republic of China adopted by the 13 th National People’s Congress,the leniency system of guilty admission and punishment is clearly confirmed in the legislation as an important criminal system.Greater pleaded guilty to forfeit their system from the pilot stage to the legislative confirmation as well as to carry out the criminal policy of combining legal system concrete manifestation,is also the principle of implementing adapted for a specific performance,but also the optimization of criminal proceedings,including not only greater entity,also including simple procedure,fully embodies the judicial philosophy and simplified shunt,effectively alleviate the pressure case people less judicature in our country,is the important measure of China’s judicial reform.At the same time,it embodies the value of saving judicial resources,improving the efficiency of judicial proceedings,reducing judicial confrontation and resolving social contradictions.Although the original intention of the system is very beneficial,as a new criminal system,there are still many aspects that need to be improved in the development process.Especially at present,there are still great difficulties to realize effective defense under the system of lenient admission and punishment,such as: the duty lawyer’s role is very little,the defense tends to be formalized,the lack of substantive effect,the lack of relevant system connection,the lack of protection of the relevant rights of the accused,etc.Therefore,in order to make the system of lenientadmission and punishment work better,on the basis of the existing system,we should further improve the system of on-duty lawyers and strengthen legal assistance.Improve the participation and effectiveness of lawyers in the case of guilty plea and punishment,and achieve the consistency of sentencing negotiation;To improve the relevant supporting measures to protect the right of defense in the system of lenient admission of guilty plea.This article will use the method of combining theory and practice of the combed our country current law and related legal interpretation,and guidance about the regulation of greater forfeit system,based on the research how to provide effective legal help to safeguard the lawful rights and interests of the accused person,ensure the authenticity,voluntary,Ming to forfeit their intellectual,legitimacy.On duty at the same time learn from outside the system,especially in the lawyer system and the effective defense theory on absorb beneficial experience,combined with the reality in greater confessed forfeit their system in practice,put forward China’s confession forfeit from a system of effective defense in the planning and implementing plan,hoping our confession forfeit from system to strengthen the effective defense lawyers to provide certain reference value,promote the improvement of the system of criminal procedure.This paper firstly summarizes the relevant basic theories of the system of effective participation of lawyers in guilty plea and leniency,mainly including the theoretical basis of effective defense,the relevant provisions of China’s legal system on lawyers’ participation in guilty plea and leniency cases,and the necessity of guaranteeing effective participation of lawyers in the system of guilty plea and leniency.By expounding the construction and development of the leniency system of guilty admission and punishment in China and its legal value and significance,this paper summarizes the relevant provisions of the leniency system of guilty admission and punishment involving lawyers in China’s legal norms.Then,after analyzing the actual situation of lawyers’ participation in the case of guilty admission and punishment in practice and analyzing the problems and causes in practice,it furthersummarizes how to guarantee lawyers’ effective participation in the system of leniency of guilty admission and punishment under the criminal procedure standard of our country.Finally,implement effective defense lawyers in other country,on the basis of the duty lawyer system such as Britain,the United States of the system of plea bargaining,greater confessed forfeit their system in China are put forward to strengthen the effective participation and how to guarantee lawyers accused people provide substantial legal help beneficial Suggestions,especially in the implement the duty lawyer system,perfect the relevant supporting mechanisms to provide some thinking direction.