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A Study On Duty Lawyer System Under The Background Of Leniency In Plead Guilty And Accepting Punishment

Posted on:2022-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:S XingFull Text:PDF
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Confession and punishment system is our country's one important milepost of judicial revolution,and more and more cases will be judged through this system.Confession and punishment system promotes separation of complicated and simple cases,which also improves effect of judicial office and saving limited judicial resource.At the same time,the duty lawyer system emerge as the time required.Duty lawyer's effective participation can not only supply the support for achievement of fair and justice,but also fill vacancies of protecting defendant's rights.It need to protect defendant's voluntary,wisdom and rationality in confession and punishment system so that duty lawyer will be effective completely.The duty lawyer system still stuck in orientation obscure,the dissimilation function ‘subscribing witness' etc at present.There are some problem like less duty lawyer,without substantive fuction etc in practice.The duty lawyer system need to fix its the orientation problem at first,then duty lawyer's function and related protection of system should be explored.In that way confession and punishment system can be justifiability,also avoid duty lawyer system floating in mere formality in practice.The thesis was divided into four part.The first part is describing the conception and exploring function of duty lawyer,and comparing with attorney.The second part is investigate duty lawyer present situation in China at the same time list the problems of duty lawyer system.The third part use different duty lawyer system from home and abroad for reference.The fourth part mention solution measures to solve the problems of duty lawyer system.
Keywords/Search Tags:Duty solicitors system, leniency system of guilty plea, measurement of penalty consultation
PDF Full Text Request
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