An Empirical Study On Defense Issues Under The System Of Leniency In Admitting Crime And Punishment

The leniency system for confession and punishment is a key focus of China’s judicial reform,which is a necessary measure to reform the flow of litigation structure in conjunction with the judicial reform centered on trial.Dividing the complexity and simplicity of cases is also in line with the current judicial situation of China’s lenient punishment of crimes.The leniency system for confession and punishment is of great significance in improving judicial efficiency,optimizing judicial resource allocation,improving multi-level criminal litigation procedures,and constructing a negotiated defense model with Chinese characteristics.The protection of the legitimate rights and interests of suspect in criminal cases is the key,and the right to defense is the key right to protect the legitimate rights and interests of the accused.Based on this,this article starts with the defense issues under the lenient system of confession and punishment,and studies the issues in the protection of defense rights under the confession and punishment system from multiple perspectives and methods,and proposes corresponding countermeasures according to the situation.The first part analyzes the connotation and defense form of criminal defense under the lenient system of confession and punishment,delineates the research scope,and analyzes the characteristics of criminal defense under the lenient system of confession and punishment,elaborates on the necessity of criminal defense in confession and punishment cases,provides a theoretical basis for the next part,and elaborates on the importance of safeguarding the defendant’s defense rights under the lenient system of confession and punishment.The second part selects the data from the judgment of a grassroots court in a certain city in the eastern region,and the data analysis shows that overall,the role of lawyers in cases of leniency in confession and punishment is extremely limited,and has not had a significant impact on the judgment results such as the length of sentence,and the quality of defense is relatively low.At the same time,based on relevant data on the national criminal defense coverage rate,through interviews to understand the current practice status of on duty lawyers,it was found that there are insufficient criminal defense coverage rates and formalized defense by on duty lawyers in cases of leniency in confession and punishment.The third part analyzes the reasons.Firstly,the authoritarian litigation model and the dominant position of the procuratorate in the lenient procedure for confession and punishment compress the defense space of lawyers,while some lawyers have weaker negotiation style defense abilities,which reduces the quality of lawyers’ defense.Secondly,there is a lack of protection for the rights of lawyers on duty,and there are no channels for relief.Thirdly,the full coverage of lawyer defense is relatively narrow,and the investment in legal aid funds is insufficient.The fourth part should improve the duty lawyer system and establish a sentencing incentive system.Expand the scope of legal aid application and improve the coverage and quality of criminal defense.In response to the above reasons,the fourth part proposes to expand the scope of application of legal aid,establish a clear sentencing incentive system,and improve the defense ability of lawyers,in order to improve the quality and coverage of criminal defense in cases of leniency in confession and punishment.At the same time,we will improve the power relief of duty lawyers,improve the connection mechanism between duty lawyers and defense lawyers,and improve the duty lawyer system to ensure the defense rights of the accused.