Research On Collaborative Defense In Cases Of Confession And Punishment

"Less than the number of cases" has always been a major problem in the judicial field.In order to solve this problem,the leniency system of guilty plea was born.After several years of exploration,the system was formally established in the legislation in 2018.How to implement the lenient system of guilty plea not only depends on the defendant’s guilty plea,but also on how to negotiate between the two sides.Based on the criminal policy of frankness and leniency,guilty plea has become an important factor for the defense,the defendant or the defendant’s family to consider.As a new system design,prosecution and defense consultation has been studied by many scholars from the national judicial level,but few scholars have explored it from the defense level.Therefore,under the new ecology of criminal procedure,a new defense strategy "cooperative defense" is coming out,and the corresponding defenders should make corresponding adjustments.In judicial practice,many people prosecuted only have a simple understanding of the law,or even do not understand the law at all,and do not know how to safeguard their legitimate rights and interests.At this time,they need to get the help of defense lawyers and strive for personal beneficial results.There must be problems in the new things and they need to be clarified and improved.The methodology combining theory with practice has been used to effectively test the problems existing in the cooperative defense in the system of guilty plea,and then advantage has been bridged for the cooperative defense.As a new form of defense,it is necessary to define the concept of cooperative defense to clarify its similarities and differences with other forms of defense,and then study its role in the judicial field.This paper starts from the basic theory of cooperative defense,expounds the basic content of cooperative defense in three aspects: concept,nature and characteristics,clarifies the connotation of cooperative defense in the field of criminal procedure through the legislative process of guilty plea system and judicial status quo,analyzes the theoretical basis of cooperative defense,and discusses the legitimacy of cooperative defense combined with practical experience.It is of practical significance to emphasize cooperative defense as an indispensable part of the system of guilty plea.The dilemma of cooperative defense in the concrete operation is that the parties have great resistance to cooperation and the consciousness of cooperation is not obvious,which leads to the formalization of guilty plea,which contravenes the original intention of the system of guilty plea.In the legal environment of pursuing guilty plea and punishment,improving cooperative defense is in line with the background of The Times,and it is also the due meaning of substantive defense.Therefore,it is necessary to draw lessons from foreign defense systems and analyze the content of cooperative defense in American plea bargaining system,German criminal negotiation procedure and Chinese Taiwan prosecution and defense negotiation procedure from the perspective of comparative law,so as to prepare for the improvement of cooperative defense by drawing experience.As a new type of defense mode in which the three parties cooperate with each other,by strengthening the strength and rights protection of the defense,and refining the relevant supporting systems,the cooperative defense is expected to form a win-win situation and finally promote the good operation of cooperative defense in judicial practice.