Alienation And Reconstruction Of The Operation Of The Right Of Defense In The Leniency System Of Admitting Guilt And Accepting Punishment

As one of the most important contents of the reform of criminal justice system at present stage,leniency of confession of crime divides criminal cases into two categories: confession and non confession.The system design of leniency of confession relates to the overall operation effect of China's criminal procedure system for a long time in the future.The legitimacy of leniency system of confession is based on the voluntary,authenticity and legitimacy of the accused.The key to ensure this is to ensure the effective exercise of the accused's right of defense in the simplified procedure.In this paper,through the study of the defense problems in the leniency system of guilty plea,some useful suggestions are put forward to improve the leniency system of confession and punishment in China.This paper is divided into five parts:The first part introduces the leniency system of confession and punishment,and constructs a new pattern of defense right exercise.This paper mainly introduces the defense procedure different from the traditional criminal cases under the leniency system of confession and punishment.The defense right of the defense is changed from adversarial defense to negotiation defense,the focus of defense is transferred from trial defense to pre-trial defense,and the defense right is protected by duty lawyer and defense lawyer.The second part is to elaborate the relevant theory of defense right protection in the leniency system of confession and punishment.From the constitutional theoretical basis of the right to defense,the balance of the relationship between prosecution and defense,and the idea of fairness priority and efficiency in the establishment of leniency system of confession and punishment,this paper analyzes the legitimacy and necessity of the exercise of defense right in the system of leniency of confession and punishment.The third part introduces the defense dilemma in the leniency system of confession.This paper mainly analyzes the difficulties in exercising the defense right of the accused in the leniency system of confession and punishment in China.The existing lawyer on duty system can not really perform the defense function,and the leniency system led by procuratorial organs further alienates the relationship between prosecution and defense.In the fourth part,the author compares the system of leniency of guilty plea in our country by studying the establishment of defense right in the negotiation procedure of pleading guilty in foreign countries.This paper mainly introduces the effective defense right in the plea bargaining procedure in the United States,the system and measures for the protection of the accused's defense right in the plea bargaining procedure in the United Kingdom and the plea bargaining procedure in Germany.This paper analyzes and evaluates the protection level of defense right in the process of confession negotiation in various countries,summarizes and applies it to the leniency system of confession and punishment in China.In the fifth part,in view of the problems existing in the defense of the leniency system of confession and punishment in our country,the author puts forward some measures to improve the defense right protection of the accused in the leniency system of confession.It is suggested that we should further improve the system of lawyers on duty in our country,require the procuratorial organs to perform the leading responsibility in the leniency system of confession and punishment,and explore the defense strategies of lawyers in different links of the system,so as to protect the defense right of the accused.