Font Size: a A A

Lawyers Participate In The Perfect Study Of The Leniency System Of Confession And Punishment

Posted on:2022-08-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y C YuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Confessions and punishments from the system of leniency continued to be introduced throughout the country,on the one hand,greatly improve the efficiency of the judiciary,on the other hand,also face a series of problems.At this point,the involvement of professional lawyers is very important.However,there are still many problems in the system of lawyer's participation,such as the legal help of the lawyer on duty in the form,the low participation rate of the defense lawyer,etc.,which affect the protection of the legitimate rights and interests of the accused to a certain extent.Therefore,it is necessary to strengthen the perfect study of lawyers' participation in the system.This paper studies from this perspective,puts forward concrete solutions to the problems of lawyers' participation in the system,which not only guides how lawyers can participate effectively in the system,but also helps to promote the development of confession and punishment.This paper mainly uses case analysis and data analysis research methods,from the two angles of duty lawyers and defense lawyers to participate in the guilty plea and punishment from the problems of the broad system,the study found that the main problems of lawyers involved in the system are low participation rate of defense lawyers,independent defense counsel and the interests of the parties conflict,on-duty lawyers to provide insufficient effectiveness of legal assistance and inadequate prosecution and defense negotiations.After analysis,lawyers involved in confession and punishment of the above-mentioned problems have many reasons,such as the number of lawyers,the legal status of lawyers on duty is not clear,prosecution and defense negotiations lack of sentencing guidelines and so on.In view of the problems of lawyers participating in confession and punishment,this paper uses the literature analysis method and comparative analysis method to find out the relevant theoretical knowledge behind the problem and learn from the useful practical experience of extraterritoriality,and describes the perfection of lawyer's participation in the system from four levels.The first level is to increase the rate of participation of defence counsel in clemency cases by expanding the scope of legal aid,the second level is to ease the relationship between lawyers and clients by restricting the independent defence counsel's right to defend themselves,the third level is to improve the effectiveness of legal assistance of lawyers on duty by improving the protection and supervision mechanism of on-duty lawyers,and the fourth level is to further strengthen the consultation between the prosecution and the defence by changing the case handling model of the case officers.Through the implementation of the above four levels of perfect measures,lawyers in the practice of pleading guilty to punishment will give full play to its role in safeguarding the correct implementation of the law and safeguarding the legitimate rights and interests of the accused.
Keywords/Search Tags:Confessions and punishments are leniency, Defense lawyer, duty lawyer, independent defense right, prosecution and defense negotiation
PDF Full Text Request
Related items