Study On Protection Of Litigant's Prosecution Rights For Pleadings

The guilty plea and punishment have aroused widespread concern and heated discussion in the country since the trial system.The leniency plea confession system is a system that simplifies criminal case handling procedures to improve the efficiency of criminal proceedings.In the case of the initial and imperfect system,how to protect the legal rights of criminal prosecuted persons should arouse our attention and thinking.The main body of confession and punishment is the prosecution organ and the person being prosecuted.The voluntary nature of confession and confession is the basic attribute of confession and punishment.An equal and relaxed negotiation environment is conducive to ensuring the voluntariness of the guilty person to plead guilty and punishment.Ensuring the prosecuted person's right to know is also conducive to further realizing the voluntariness of the prosecuted person's confession and punishment.Strengthening the judicial review of the court is conducive to allowing consultation between the prosecution and the defense to be supervised by the judiciary.The lawyer's right to defend is a basic litigation right of the respondent.Strengthening the protection of the defendant 's right to defend will help to achieve a balance of power between the prosecution and the defense,and further ensure the voluntariness of the defendant 's guilty plea.The right of repentance is a special litigation right of the respondent who pleaded guilty and confessed punishment,and is an effective remedy to protect the voluntariness of the respondent.The protection of the right of appeal of the person who has pleaded guilty and punishment is an inevitable requirement for the protection of the person who has recourse.First of all,it defines the meaning of leniency in confessing guilt and punishment and the scope of protection of the prosecuted person's litigation rights.From the subjective point of view,the pleaded person must plead guilty and punishment must be voluntary.From the objective point of view,the pleaded person admits the facts of the crime and accuses the penalty.Then it discusses the theoretical basis and value significance of the defendant's litigation rights protection from the leniency of pleading guilty and punishment.Protecting the litigation rights of the prosecuted person who pleaded guilty and confessed leniency is conducive to promoting equality between the prosecution and the defense,and reflects the concept of litigation contract.In addition,protecting the procedural rights of the prosecuted person who pleaded guilty and confessed leniency is conducive to promoting judicial justice,promoting human rights protection,and improving judicial efficiency.Then it introduces the measures to protect the prosecuted person's litigation rights in the American plea bargaining system and the German criminal consultation system,and briefly compares the similarities and differences between the two.Then analyze the current status of the defendant's litigation rights protection in the leniency plea confession punishment in our country.Although the confession punishment leniency system in our country has established a duty lawyer system,emphasizing the prosecuted person's right to know,procedure,right of repentance,etc.There are also issues such as lack of an equal consultation environment,lack of adequate lawyer participation,lack of reasonable regulation after repentance,and lack of effective court review.Finally,in view of the above issues,we appropriately borrowed some measures of the defendant's protection in the US plea bargaining system and the German criminal consultation system,and proposed to create an equal consultation environment,ensure the effective participation of lawyers,improve the remedy method of repentance,and strengthen the judicial review of the court Wait for improvement measures and your own thinking.