An Analysis Of The Role Of Lawyers In The The System Of Leniency For Pleading Guilty And Accepting

The system of leniency for pleading guilty and accepting is inseparable from the participation of lawyers.Starting from the leniency system of confession and punishment,this paper analyzes whether the role of lawyers is fully played.First of all,this paper expounds the meaning and value objectives of leniency of confession and punishment,the necessity and basis of lawyers' participation in leniency of confession and punishment,points out the special role of lawyers in this system,which is different from other litigation procedures,and analyzes that the meaning and value of lawyers in leniency of confession and punishment system is the practical need to protect human rights and realize litigation justice,and is to ensure the legality of confession negotiation It is an urgent requirement to ensure the balance of prosecution and defense in criminal procedure.Secondly,taking w County of J Province as an example,this paper empirically analyzes the current situation of the lawyer's role in the system,points out that there are some dilemmas,such as low participation rate of defense lawyers,low effective participation degree of on duty lawyers,and difficult to provide effective legal help,and then analyzes the causes of these dilemmas,mainly including unclear role positioning and nature of on duty lawyers,unclear participation of lawyers The right of consultation between the prosecution and the defense,the lack of corresponding safeguard mechanism,and the absence of sanctions against violation of legal procedures.Thirdly,taking the relevant systems of the typical countries of civil law system and common law system as examples,this paper expounds how these countries play the role of lawyers,analyzes the role,positioning and role of lawyers in their relevant systems,and points out that "duty lawyer" is equivalent to the identity and role of Defense lawyer,which will play an important role in the construction of Duty Lawyer System in the field of criminal procedure in China in the future Reference significance.Finally,on the basis of analyzing the existing problems in China and learning from foreign countries,the paper puts forward some suggestions on how to improve the role of lawyers in the system of leniency of confession and punishment.First,improve the practice environment of defense lawyers from the legal level,improve the overallparticipation rate and participation quality efficiency of defense lawyers;second,continue to improve the duty lawyer system,give duty lawyers the same litigation rights in the future law revision,and pay attention to improving the initiative and effectiveness of duty lawyers' Participation;third,strengthen the sentencing association between the prosecution and the defense In business,lawyers should stand on the position of the parties to conduct equal and effective communication and consultation with the procuratorial organ on litigation procedure selection and sentencing.At the same time,the judicial organ should also pay attention to listening to the lawyer's relevant legal opinions to achieve effective sentencing consultation between the two sides.Fourthly,improve the corresponding guarantee mechanism,such as increasing the investment in the lawyer on duty,establishing a regular training system and strengthening the lawyer sentencing Association In order to give full play to the role of lawyers in the system of leniency of confession and punishment,we need to improve the training of business ability,supervision and procedural sanction mechanism.