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On The Transformation Of Lawyer's Defense From A Broad Perspective Of Guilty Plea And Punishment

Posted on:2021-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:X T YuanFull Text:PDF
GTID:2506306515490434Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Lawyer defense is undergoing a development process from a single emphasis on confrontation to gradual absorption of consultations.The formal admission of confession and punishment into the criminal procedure legislation has pushed the development of consultation defense to a climax.Compared with adversary-based defense,negotiationbased defense is more conducive to reducing litigation costs and controlling litigation risks.The litigation environment in China lacks a platform for confrontation.It is common for the state prosecution agency to suppress the prosecutors.In addition,the guilty confession rate in China is extremely high,and the space for adversarial defense is severely compressed.Many factors have accompanied the continuous fermentation of the confession and punishment system,and the importance of consultative defense has gradually become prominent.The defense of lawyers has also ushered in five transformations: the subject of defense,the concept of defense,the main position of defense,the object of persuasion and the method of defense.The main body of defense has expanded from entrusted lawyers and legal aid lawyers to on-duty lawyers.The on-duty lawyers use a simple method of defense.The main purpose is to achieve the timeliness and extensiveness of lawyers' intervention,so they cannot be as comprehensive as ordinary defense lawyers And carry out in-depth defense work.The concept has germinated from confrontation to negotiation,from the universality of defense to effectiveness,from the single pursuit of victory to the provision of diversified lawyer services.The advancement of the main defense position is the most intuitive change.The lawyer's defense is no longer concentrated in the court.Sentencing consultations have officially entered the stage of defense.The lawyer's pre-trial defense work has played an increasingly important role.The main object of the lawyer's defense was shifted from the referee to the contestant,and the difficulty of persuasion became more difficult.The defense-based defense method could not achieve the expected results,but it might be objectionable by the object of persuasion.Lawyers need to adjust their defense methods,try to get as much opportunity as possible for face-to-face communication with their opponents before the court,explain their defense opinions around the main contradictions,and maintain a peaceful and moderately humble attitude at all times during the negotiation process.The mitigation of the confession and punishment in the lenient case has increased the risk of the second prosecution of defense lawyers.We must strengthen the professional ethics of defense lawyers,establish an effective supervision mechanism for lawyers 'defense,maintain the independence of lawyers' profession,and enhance the Anti-interference ability.The confession of confession and punishment also requires further weakening of the independence of the defense lawyer relative to the client.The client's will(especially in the selection of the proceedings and the confession of denial of the crime) should be fully respected by the lawyer.The approach is to analyze the pros and cons for the parties and help them make more informed decisions.
Keywords/Search Tags:negotiation, confrontation, lawyer defense, pleading guilty and accepting punishments with leniency, duty lawyer
PDF Full Text Request
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