A Study On Lawyer Defense Under The Leniency System For Plea Guilty And Punishment

The leniency system of pleading guilty and accepting penalty is one of the important parts of the "the disappearing trial" in the world.It is also an important part of the judicial reform of the "trial centered" system in China,which effectively supplies its supporting measures.Although there are still many disputes in the process of implementation,the new system has reached a consensus on the value,which improves China's criminal procedure system and realizes the reasonable allocation of judicial resources in the theoretical and practical circles.Compared with the lawyer's defense in the common criminal case,the lawyer's defense in the wide field of guilty plea has the unique intrinsic value.The defense of lawyers promotes the leniency system of pleading guilty and accepting penalty,which adapts to the original and thrives in China.In order to further explore the lawyer's defense,this paper first makes clear the necessity of the system of leniency of guilty plea.Besides,we should be alert to the running-in deviation in practice and avoid the lawyer's defense becoming a mere formality within the wide range of guilty punishment.It is clearly realized that the current procuratorial organ is the dominant player in the operation of the system of leniency of punishment for pleading guilty,but the standardization of the leading responsibility of procuratorial is not enough.Lawyers' defense is a prerequisite guarantee for the negotiation of the prosecution and defense,and is indispensable for establishing an effective sentencing consultation mechanism.Excluding the introduction and conclusion of the article,the main part is roughly divided into the following parts: First of all,the first chapter systematically introduces the related theories of lawyer's defense under the system of leniency of guilty plea.This paper summarizes the origin and development of the system of lawyer's defense,as well as the internal logic and necessity of its operation under the broad scope of punishment for admission of guilt.Secondly,the second chapter macroscopically controls the role of lawyers' defense under this system.According to the criminal procedure,the confession of guilty and punishing cases proceed to different time links,and the three agencies of public security,procuratorate and law have different powers.The focus of the lawyer's defense should also be focused on the corresponding functions of the defense.Third,the third chapter uses data and cases to carefully examine the derailment of the lawyer's defense function and the leniency system for guilty pleas and punishment under the actual state.Specifically,it is divided into the external resistance and the internal resistance of the deviation of the lawyer's defense,and in-depth analysis of their respective manifestations and deep-seated reasons.The second and third chapters,as the core chapters of the article,discusses how the lawyer's defense plays a role in the broad scope of punishment for admission of guilt and how the representation of the role plays a deviation from the two dimensions of necessity and reality.Finally,the fourth chapter combining with the problems of lawyer defense analyzed above,the author tries to improve the guarantee mechanism of lawyer defense under the system of leniency of guilty plea.To respond to the reality of lawyers' defense deficiencies by legislatively confessing the needs of lawyers' defense under the system of plea guilty and punishing leniency,perfecting the system of on-duty lawyers,and perfecting the supporting measures for the defense of lawyers.