Study On The Defense Of Guilty Plea Cases

The establishment of the system of leniency in punishment for pleading guilty has brought a new outlook to the field of criminal justice in China.Since the Criminal Procedure Law was amended in 2018,the system of leniency for guilty pleas has been applied nationwide with remarkable results.The application rate increased steadily,and over 80% of cases were concluded with the system of leniency for guilty pleas.The wide application rate reflects the value of the system of leniency of guilty plea,which conforms to the changing trend of more property crimes,more misdemeanors and less felony violent crimes in current criminal cases,and conforms to the law of development of criminal proceedings.It has provided a strong boost to better achieve judicial justice,improve judicial efficiency,and promote the modernization of the country’s governance system and capacity,and created a sound judicial environment for social development.However,long-term since,the lack of criminal litigation system in China are not pleaded guilty to forfeit their no fundamental improvement in the system,the criminal defense coverage has not been improved significantly,and defended the quality is not very desirable,is also facing the duty lawyer system development disequilibrium and sentencing negotiations to adequately bring new problems.These problems,to some extent,limit the development of the system of leniency of guilty plea,and lay hidden dangers for the voluntary,wise and efficient punishment of guilty plea,which need to be further solved by legislation and judicial organs.In this paper,through the pleading guilty cases in the defense of the focus forward,consultative,content focuses on the characteristics of sentencing and procedural issues,as well as the guarantee of voluntary pleading guilty,wisdom and the correctness of the procedural choice of the significance of sorting out,and the current legislative and judicial situation in the defense of the investigation.The existing problems in the defense of the case of guilty plea are mainly caused by the insufficient understanding of the negotiation between the accused and the defense,the imperfect system of the duty lawyer,and the insufficient ability of the defense lawyer.Pleaded guilty to forfeit their case in defence of sentencing inadequate negotiation,absence of duty lawyer and false,lack of cohesion between the duty lawyer and lawyer,defending the problem of low quality,sentencing negotiations should be guaranteed to fully,build the accurate humanized duty lawyer system to defend,to the duty lawyer with attorney goes on to the specification,and give play to the role of supervision of the judicial authority and industry group,improve the quality of the lawyer’s defense.