A Study On The Balance Between Charge And Defense In The System Of Leniency For Guilty Plea

Since the system of leniency for guilty plea was written into the Criminal Procedure Law in 2018,it has become an important part of criminal procedure in China.The balance of charge and defense is the key to the system of leniency of guilty plea.The balance of charge and defense is related to the normal operation of the system.The system of leniency of guilty plea takes the agreement of prosecution and defense as the core,the balance of prosecution and defense as the operating basis and the power balance as the driving force.It can be said that the whole process of leniency of guilty plea requires the participation of the balance of prosecution and defense.In the context of trial as the center,how does the system of leniency for guilty plea function in practice?How does it work?What are the problems?How should it be improved?All these problems need to be further explored and perfected in practice.In view of this,this paper conducts an empirical investigation on the relationship between the charge and defense of the guilty plea leniency system based on the practical data of the guilty plea leniency system in X City,summarizes the problems of the balance between the charge and defense of the guilty plea leniency system,explores the causes of the problems,and is committed to providing an empirical basis and a perfect path for the balance between the charge and defense of the guilty plea leniency system.This paper is divided into five parts.The key part is the empirical investigation of the relationship between the charge and defense in the system of leniency of guilty plea,the conclusion of the problems and the analysis of the causes of the empirical situation,and the specific measures to improve the path of three parts.The first part is the introduction.Firstly,the research background and research significance of this paper are expounded;secondly,the research status at home and abroad is summarized by means of literature review;thirdly,the research methods adopted by the author are introduced;fourthly,the innovation of this paper is summarized.The second part is the theoretical basis of the balance between charge and defense in the system of leniency for guilty plea.From the theoretical analysis level,it is clear that the balance of charge and defense is equal to the equality of charge and defense in modern criminal proceedings.This paper explains the specific meaning of the balance between charge and defense in the system of leniency of punishment for guilty plea.On this basis,it concludes that the balance of prosecution and defense in the system of leniency of guilty plea is guaranteed by three principles: subject of action,equal armed force and balance of power.Finally,it analyzes that the procedural support of the balance between charge and defense in leniency of guilty plea is the effective defense,the protection of the accused’s right to know and the effective judicial review.The third part is the empirical investigation of the relationship between the charge and defense in the system of leniency for guilty plea.Taking the specific data of X city’s leniency system for pleading guilty for one year as the sample,it is found that in practice,the system initiation presents the status quo that the complainant dominates,and the application of the system is mainly driven by the complainant’s assessment requirements.The participation of lawyers presents the present situation that the number of defense lawyers is insufficient and the quality is low,the system of duty lawyers is useless,and the defense space of lawyers is compressed.The complainant’s performance of the obligation of informing presents the status quo of unclear informing time,general informing content and incomplete informing content;The negotiation process shows the present situation that the application of procedure does not reflect the negotiation and the protection of the accused person’s right to know is insufficient.The result of consultation shows that the procedure is not simplified,the problem of uneven sentencing is serious,and the adoption of sentencing suggestions lacks substantive review.The fourth part is the problem and analysis of the imbalance of charge and defense in the system of leniency for guilty plea.It concludes that there are some problems in the relationship between prosecution and defense in the system of leniency of guilty plea,such as unequal position of prosecution and defense,asymmetry of information of prosecution and defense,asymmetry of negotiation ability of prosecution and defense,and imbalance of prosecution and defense may lead to harm of unjust,false and erroneous cases.The "path dependence" of the system reform on the original authority doctrine,the "personal inclination" of both sides of the prosecution and defense,and the conservative system design are the main reasons for the imbalance of the relationship between the prosecution and defense in practice.The fifth part is the perfect path of the balance of charge and defense in the system of leniency for guilty plea.In terms of equal litigation status of the accused and the accused,the subject status of the accused has been improved by changing the judicial concepts of the accused and the accused,establishing the concept of plea negotiation system,getting rid of the stereotype and behavior inertia,clarifying the right to start the system of the accused and setting the time limit for the accused to return to the prosecution.In terms of the ability to obtain information of both sides,the system of discovery of evidence should be established to deepen the implementation of the complainant’s obligation to explain and inform to improve the ability of the accused to obtain information.In terms of the ability of reciprocal accusation-defense negotiation,by increasing the protection of the accused’s right to defense,implementing effective defense and effective legal assistance,strengthening the examination function of the trial,and constructing effective judicial relief,the balance of accusation-defense in the system of leniency of guilty plea can be realized and the imbalance of accusation-defense can be solved.