Study On The Protection Of The Accused’s Right To Know In The Case Of Guilty Plea

One of the core problems of the system of leniency of guilty plea is that the accused person voluntarily admits guilty plea,and the premise of its volunariness is to know the information of relevant cases and relevant rights accurately and fully.Looking at the current legislation of our country,there are still some deficiencies in the protection of the accused’s right to know.Based on the above analysis,this paper closely depends on the core of the protection of the accused’s right to know,according to the legislative status and some problems found in judicial practice,through the theoretical basis of the protection of the accused’s right to know should be level,put forward some specific measures for the protection of the accused’s right to know in the case of guilty plea.It mainly includes entrusting the accused with the right to read files,establishing a complete criminal evidence discovery system,clarifying the accused’s right to interview defense lawyers,entrusting the duty lawyer with the right to verify evidence,etc.The paper can be divided into six parts,the main content is as follows:The introduction part makes a brief description of the source of the topic selection of this paper,expounds the significance of the writing of the paper,sorts out the status quo of the protection of the accused’s right to know in China,as well as the status quo of the protection of the accused’s right to know in foreign consultative justice,and gives an account of the paper,ideas and methods.The first chapter discusses the theoretical basis of the protection of the accused’s right to know.The scope of the accused person’s right to know,including evidence information and other case information,litigation rights and the relevant legal provisions of guilty plea.In the case of guilty plea,the accused person’s right to know is the premise of equal negotiation between prosecution and defense,and the basis of voluntary guilty plea.The realization of the accused’s right to know mainly includes active knowledge and passive reception.The second chapter discusses the protection of the accused’s right to know in the case of guilty plea in China.At present,China does not grant the accused the right to read files,nor establish a complete criminal evidence discovery system,the accused does not enjoy the right to interview the defense lawyer,the duty lawyer’s right to verify the evidence is vague.All these are essential ways for the accused to realize the right to know.In judicial practice,there are also cases where the accused goes back on his word and confesses his guilt because of poor protection of the right to know.The third chapter focuses on the protection of the accused’s right to know and gives some concrete measures.The time for the accused to review the papers shall be between the date of transfer for examination and prosecution and the period when the procuratorial organ makes the decision to prosecute,and the scope of review shall be limited;The main body of criminal evidence discovery includes the prosecution and the defense.Both the prosecution and the defense should reveal the collected evidence to the other side.In the case of guilty admission,evidence discovery is mainly direct discovery,and indirect discovery is supplementary.The accused may interview the defence lawyer on the day of the first interrogation or the imposition of compulsory measures by the investigation organ,and the process of interviewing the defence lawyer shall not be monitored.The time for the duty lawyer to verify evidence shall be the same as that for the defence lawyer.In verifying evidence,the duty lawyer shall mainly verify the evidence that he has doubts about.The fourth chapter is supplemented by supporting systems for various safeguard measures proposed in the previous chapter.A lawyer shall participate in the whole course of a guilty plea;Clear criteria for effective legal help can promote voluntary confession of guilt by the accused.The conclusion part summarizes the whole article,clarifies the main research results of this paper,and accurately summarizes the thesis of this paper.