| The leniency procedure of guilty plea is a judicial system in accordance with the criminal policy of tempering punishment with mercy,which is constructed on the basis of drawing full reference from the consultative judicial concept outside China and combining the current situation of criminal justice in China.In the application of judicial practice,it shortens the criminal litigation cycle,optimizes the allocation of judicial resources,and provides important support for the separation of complex and simple criminal cases.However,as a new judicial system,the leniency system of guilty plea has many unsatisfactory problems.First of all,as a result of the litigation procedure simplified and defense program in advance,in a plea forfeit,the lawyer’s defense space will greatly narrowed,it certainly adds to the difficulty of defense lawyers and in the judicial reality,because if the lawyer’s defense defects lead to people being prosecuted in a plea forfeit is not fully effective defense,will influence the legitimacy of the voluntary and declaration to forfeit.Greater second,pleaded guilty to forfeit their programs,most of people being prosecuted by conceded many litigation rights in order to achieve greater sentencing process as a result,and in this process,being prosecuted people often because there is no enough legal knowledge and the ability to defend themselves,so the "confrontation" with the organs of public power is always in the weak side,Therefore,the accused’s voluntary admission of punishment and the autonomy of procedural choice can not be guaranteed,and ultimately,the justice of sentencing recommendations will be questioned.So how to guarantee the proper operation of the leniency procedure of guilty plea? The author thinks that the key to solve this problem is to introduce the idea of effective defense into the punishment procedure of guilty plea and add some specific provisions about the purpose of effective defense in some systems.After analyzing the difficulties in the realization of effective defense in the system of leniency for guilty plea,this paper puts forward the solutions to these problems,including perfecting the system of on-duty lawyer,regulating the procedure of sentencing consultation,establishing effective defense standards and so on.To be sure,the establishment of the system is to safeguard the criminal suspect or the defendant’s litigation rights,protect the rights of defense lawyer’s defense,and for effective defense system in the system of plea forfeit their development is of great significance,also will eventually promote the development of criminal lawsuit system,is more advantageous to our country criminal justice reform smoothly.In addition,the main body of the defense system in Our country roughly includes entrusted lawyers for defense,legal aid defense and as a branch of legal aid emerging duty lawyer defense.In these three defense rules,the specific problems and ways to achieve effective defense are different.This paper will discuss how to conduct effective defense separately. |
