Research On The Relationship Between Prosecution And Defense And Trial In The System Of Leniency Of Guilty Plea

Since the implementation of the leniency system for admitting guilt and accepting punishment,the relationship between the prosecution,defense and trial has become more and more complicated,and conflicts will inevitably arise.In the review and prosecution stage,the main focus is on the conflict of accusation and defense,that is,the negotiation is insufficient and the duty lawyer system is not perfect.The different interpretations of "generally should" and "obviously inappropriate" have resulted in a dispute over the status of the procuratorial dominance and the trial center.The latter is mainly due to the nature of the judicial organs’ natural public power,and the defense reasonably questioned their relationship with the procuratorial organs.At the same time of closeness,the judicial organs tend to ignore the litigation rights of the defense,and the formalization of the court trial leads to the insufficient protection of the rights of the defense.On this basis,due to the different value pursuits of the prosecution,defense,and trial,a game naturally arises between justice and efficiency.The reason for this is undoubtedly that the leniency system for admitting guilt and accepting punishment,as an institutional innovation,has been challenged and challenged by the traditional criminal justice model.Constraints,the roles of the three parties of the prosecution,defense,and trial are difficult to adapt and change quickly,which leads to many obstacles and discomforts in their operation.To this end,based on the concept that the relationship between the prosecution,defense and trial has not undergone substantial changes,we should understand the functional positioning of the three parties in the "Guiding Opinions on the Application of the Plea Guilty and Punishment System" of the "Two High Schools and Three Ministries" in 2019,and actively explore The path to reconcile the three-party conflict between the prosecution and the defense,through full and equal negotiation between the prosecution and the defense,optimizing the duty lawyer system,exploring the guidelines for non-prosecution,adhering to the trial as the center,reducing the initiation of protest procedures,implementing the substantiation of court trials,and establishing a mutual evaluation mechanism for judges and lawyers.,on the basis of the concept that the relationship between the prosecution,defense,trial,and trial has not changed substantially,to establish a relationship of friendly development among the three parties,and to ensure the healthy operation of the leniency system for pleas and punishments.