| The system of leniency for pleading guilty is the forefront of China’s criminal judicial reform.It is an important measure matching with the reform of "taking trial as the center",the substantive trial and the procedural diversion,and the latest development of China’s criminal procedure system in the contemporary society,following the pilot reform of criminal expedited procedure.This decision has great practical significance and theoretical value for the study of the process synchronization and the whole process continuity.The system has played an important role in punishing crimes in time according to law,optimizing the allocation of judicial resources,promoting the separation of complicated and simple cases,improving the quality and efficiency of litigation,and perfecting the multi-level criminal procedure system.Although the new regulations and guidelines have been introduced,there are still some shortcomings in the implementation process.This article combines the pilot situation,focuses on the lawyer defense problem,from the multi-dimensional analysis,and puts forward the corresponding countermeasures and suggestions.The defense system is an important system to protect the legitimate rights and interests of the accused.It is of great significance to promote the balance of trial structure and judicial justice.It is an important part of the criminal procedure system in China.In the criminal cases where the system of leniency of guilty plea is applied,the lawyer is the most powerful helper of the accused person in the legal sense.The proposal of the system shifts the focus of the lawyer’s defense to the stage of pre-trial procedure,and takes the negotiation defense as the main feature.To study the defense problem of lawyers in the case of leniency of guilty plea,we need to start from the following aspects.First of all,in our country,the legal help and effective defense provided by lawyers are the sharp tools to strengthen the protection of the litigation rights of the accused,but the actual progress of the defense by lawyers is very worrying,and the realistic demand for effective defense is difficult to be met.It is worth discussing how the lawyer can make an effective defense.Secondly,from the perspective of the guilty plea,involuntary guilty plea is inevitable.Therefore,in order to reduce the wrongful conviction caused by false guilty plea,it is necessary to defend the accused in the case of leniency of guilty plea.Finally,in the case of leniency of guilty plea,the role of defense lawyers in the voluntary examination of the accused’s guilty plea,the examination and prosecution stage and the trial stage has not been fully played.The voluntary examination of the accused person is the primary proof link in the case of leniency of guilty plea.The defense lawyer can meet and communicate with the accused person to eliminate illegal evidence to the greatest extent.Follow-up examination and prosecution stage and trial stage,the accused person rights and interests safeguard is depended on the defense lawyers take active defense way of defense for the accused man win favorable verdict,pleaded guilty in the process of trial lawyers can forfeit their declaration of authenticity,legitimacy and people being prosecuted back program is used as the breakthrough point to defend.The comprehensive coverage of lawyers in the application of guilty plea is helpful to protect the basic rights of the accused,but the core role of lawyers in guaranteeing the intelligence of the accused’s guilty plea has not been fully played,and there are risks that the duty lawyer system will be alienated into the witness system.Perfect lawyer pleaded guilty in greater forfeit the location in the system,should pay attention to the rights of defense lawyers,the applicable scope of the legal aid defense,how to carry out effective defense in criminal cases,the duty lawyer how to provide relative to the accused person essence of legal aid,a lawyer is one of the indispensable part in criminal proceedings,Only when the defense lawyer provides effective legal help throughout the course can the voluntary confession and the equivalence of the charge and defense be ensured.Laws and regulations should set up compulsory defense conditionally when conditions permit,so as to ensure that the procedure does not deviate from judicial justice.On the basis of the accused person’s voluntary confession of guilt and punishment,lawyers should actively negotiate with the procuratorial organ for sentencing,achieve precise and orderly participation,make targeted suggestions on the selection of procedures,and insist on independent defense.Clear the defense status of duty lawyers,realize the effective convergence and integration of lawyers’ defense and legal assistance,and construct the due process of charge and defense negotiation. |
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