Research On The Effective Defense Of Guilty Plea

On the premise of ensuring justice,improving the efficiency of litigation has become one of the mainstream orientations in the criminal justice field of contemporary countries.The leniency system for guilty pleas and punishment is an important measure in the reform of the criminal justice system in my country in recent years.It can optimize resource allocation,save resources consumed by simple cases,concentrate superior resources on handling complex cases,ensure the quality of case trials,and maintain judicial authority.In criminal cases where the system of lenient confession and punishment is applied,the procedural procedures are simplified,and it is inevitable that false confession may occur in the pursuit of procedural efficiency.Moreover,the prosecutor is still in a disadvantaged position compared with the national public prosecution agency.The most powerful helper in the legal sense of the prosecutor,but the establishment of this system in the Criminal Procedure Law shifts the focus of lawyers ’ defense activities to the pre-trial procedure,with consultation defense as the main feature.How lawyers defend constitutes effective defense The issue is worth discussing.This article mainly uses literature analysis,comparative analysis,and empirical analysis to demonstrate,combined with the current status of China ’ s effective defense of prosecutors who plead guilty and punished,as well as the application of the leniency system in confessing guilt and punishing.It is found that lawyers’ defense activities are exposed Some of the problems,such as: the quality of defense is not high,the lawyer’s assistance in the litigation stage is not properly connected,and the prosecutor ’ s voluntary rights to plead guilty and punishing are insufficient.Through a comparative analysis of relevant systems outside the territory,combined with China ’ s lenient confession of guilt and punishment The characteristics of the system,drawing on foreign useful experience and suggesting solutions to the above-mentioned problems,perfecting the position of lawyers in the system of plea guilty and punishing leniency,should pay attention to how defense lawyers conduct effective defense in criminal cases and how duty lawyers provide relative to the prosecutor In terms of substantive legal assistance and other issues,to realize the effective connection and integration of lawyer defense and legal assistance,and to better realize the effective defense of lawyers to plead guilty and punishing the prosecutor,and construct the due process of prosecution and defense negotiation.