The Protection Of Defense Rights And Interests Of Recessed Persons In The System Of Concealment And Punishment

Under the background of light punishment of crime,more than 80% of the criminal cases sentenced by the court are the penalty of fixed-term imprisonment of not more than three years.In order to realize the diversion of complexity and optimize the allocation of judicial resources,the system of lenient admission and punishment came into being.The lenient system of confession and punishment is the embodiment of the criminal policy of combining leniency with leniency.After two years of pilot work,it is formally written into the Criminal procedure Law.Confession of guilt refers to the voluntary and truthful confession of one’s own crime,the recognition of the facts of the crime charged by the procuratorial organ,the acceptance of punishment is to accept the sentencing proposal put forward by the procuratorial organ,and also to accept the concession of the penalty and procedure.Confession and punishment lenient close relationship,together constitute a lenient system of admission and punishment.The application of the lenient system of guilty plea and punishment,because the accused person acknowledges the facts of the crime charged by the procuratorial organ and accepts the sentencing suggestions put forward by the procuratorial organ,is more simplified than the ordinary case.If summary procedure and material procedure are applied,the time limit of the case is greatly shortened,and the accused person waives the right to plead innocence and sentencing,and his litigation rights and interests are greatly reduced.Based on these institutional characteristics,in theory and practice,we should focus on the protection of the rights and interests of the accused.There are still many difficulties in the process of protecting the litigation rights and interests of the accused: in the leading criminal procedure mode of the procuratorial organ,the accused person and the lawyer are often passively accepted,and it is difficult to negotiate equally with them.In the face of these problems,the author also put forward a small idea to solve the problem,to promote equal communication and consultation between prosecution and defense,to prevent the risk of procuratorial leading mode,to establish equal sentencing consultation procedure,to improve the duty lawyer system.To carry out the precision of sentencing suggestion,strengthen the negotiation of sentencing,we can carry out the precision of sentencing suggestion and the reasoning system of sentencing suggestion;finally,we should control the conflict from the system level,and limit the scope of application of lenient system of guilty admission and punishment.