Research On Effective Defense In Cases Of Confession And Punishment

With the implementation of the system of leniency in confession and punishment,criminal cases are divided into two categories: confession and punishment cases and non-confession and punishment cases.In the case of confession and punishment,the direct embodiment of the perfection of human rights protection in judicial application is whether the defense is effective,and the effectiveness of the defense also plays a key role in the smooth operation of the system of confession and punishment.Compared with cases of not pleading guilty and recognizing punishment,The litigation period of cases of confession and punishment is shortened,With the acceleration of the litigation process,the time and content of the accused’s defense are also compressed and restricted,which not only increases the difficulty of lawyers’ defense,but also leads to the problem that the defense becomes a mere formality in practice,thus failing to guarantee the effectiveness of the defense,resulting in the failure to ensure the voluntariness and truthfulness of the accused’s confession and punishment in practice.Based on this,the author believes that in cases of confession and punishment,under the guidance of effective defense theory,an effective defense system should be constructed to create a good judicial environment for lawyers’ defense,improve the quality of defense,and effectively guarantee the voluntariness and truthfulness of criminal defendants’ confession and punishment.The main body of this paper is divided into the following parts:The first part,the connotation of effective defense in confession and punishment cases.By combing the concepts and standards of effective defense at home and abroad,this paper defines the concepts and standards of effective defense in cases of confession and punishment in China.That is to say,in the case of confession and punishment,effective defense refers to the activities in which defense lawyers assist the accused to exercise their right to defense,and judicial organs fulfill their guarantee obligations and provide effective relief in order to effectively protect the legitimate rights and interests of the accused.The standard of effective defense is that the accused fully enjoys the right to defense,lawyers dutifully assist the accused to complete litigation activities,and judicial organs play a necessary guarantee obligation for defense activities,so that the accused can obtain the most favorable litigation results.The second part,the formalization of defense in cases of confession and punishment.Starting from the current situation of defense in our country,this part analyzes the reasons for the formalization of defense in cases of confession and punishment.The specific contents are as follows: First,although our country has achieved full coverage of criminal defense through the implementation of the legal aid duty lawyer system and the legal aid designated lawyer system,the quality of defense is difficult to guarantee.Lawyers on duty do not have the status of defenders,legal aid lawyers’ professional quality and funds cannot be guaranteed,and the absence of system supervision leads to poor legal aid effect.Second,the negotiation between prosecution and defense is a key link in the case of confession and punishment.However,the status of negotiation subject is essentially unequal,which leads to insufficient negotiation,insufficient rationality of sentencing suggestions,disputes over legal effect,and doubts about the legitimacy and fairness of negotiation procedures and results.Third,there are problems in the operation mechanism of protecting the rights of the accused.The main reason is that the court review is a mere formality and does not play the role of substantive supervision.The invisible restriction of the accused’s right to appeal also brings risks to the legitimacy of the procedure.The third part,the research on effective defense system in foreign consultative judicial system.This part mainly sorts out the provisions on effective defense in international judicial standards,the protection system of effective defense rights in the plea bargaining system in the United States and the invalid lawyer assistance system in the British plea bargaining system,which provides useful experience for the construction of China’s effective defense system.The fourth part discusses the path to realize effective defense in confession and punishment cases in China.First of all,it analyzes the urgency of realizing effective defense in cases of confession and punishment in China,mainly from the protection of the rights of the accused.Secondly,in the cases of confession and punishment,we should build an effective defense system in China from three aspects: perfecting the consultation mechanism,strengthening the protection of rights and strengthening the supervision of restraint,so as to realize the effectiveness of defense.Specifically,it includes standardizing the negotiation procedure,improving the rationality and legal effect of sentencing suggestions,building an efficient legal aid system,strengthening the construction of the accused’s rights protection system,standardizing the behavior of state specialized agencies,and ensuring the public’s right to supervise.