Research On Effective Defense In Confession And Punishment

As the system of leniency for guilty plea is widely applied,it has a certain impact on the trial center,while the procuratorial center quietly rises.In order to balance the strength of both sides,the concept of effective defense needs to be carried out to protect the legitimate rights and interests of the accused.Although it is important in the context of leniency,it is necessary to apply an effective defense because the resources of lawyers are limited and their energies are not unlimitedz.At the same time,the promotion of universal defense with the sole focus on improving the defense rate is likely to lead to the occurrence of formal defense.The effective defense or the validity of the defense is the fundamental guarantee of the voluntary procedure choice of confession and the impartiality of sentencing suggestion.The development of effective defense theory can promote the defense quality of lawyers to a higher level,and can also relieve the adverse situation faced by the accused when the lawyers do not work hard and do not defend themselves conscientiously.The core of effective defense is to provide appropriate legal help in all aspects for the accused in the process of criminal proceedings,and actively perform defense duties,in order to obtain justice in the trial stage.Therefore,it is of great significance for the accused to see that lawyers actually participate in the procedure of guilty plea.In order to effectively protect the legal rights and interests of the accused and improve the quality of handling guilty plea cases,it is necessary to clarify the difficulties faced by lawyers in effective defense.Pleaded guilty to forfeit their practice,there are still quite a number of the lawyer’s defense behavior is flaws even loopholes,in addition,pleaded guilty to forfeit their standard no clearly defined,no effective defense system is also not clear on the quality of the attorney review mechanism,the accused person have not obtained effective defense the consequences of the lack of procedural sanctions,a lawyer in the superposition of these factors cause a plea forfeit The effect is not ideal.The pursuit of effective defense needs to start from the above aspects,and then solve the problem.Specifically,it includes clarifying the identification standard of effective defense in guilty plea,standardizing the defense behavior of lawyers in guilty plea,so as to avoid falling into the mire of invalid defense.Through perfecting pleaded guilty to forfeit the guarantee mechanism of effective defense,the lawyer quality clear court review mechanism,in the form of external audit supervision and defended by lawyer unqualified behavior damage being prosecuted people provide effective relief way,in order to improve the service quality of defense lawyers,the realization lawyer pleaded guilty in greater forfeit their effective defense system.