Research On The Legal Aid In The Leniency Of Confession And Punishment

In 2018,the Criminal Procedure Law was amended.The leniency system for confession and punishment was officially established,which has subsequently become an important driving force for the reform of the criminal procedure system centered on trial,effectively improving case handling efficiency and optimizing judicial resources.At the same time,the implementation of the “Legal Aid Law” from January 1,2022 marking that China’s legal aid system has reached a new level.A systematic and comprehensive legal aid system has initially established.The “Legal Aid Law” has further strengthened the role of criminal legal aid in practice in China,which is of breakthrough significance.However,with the continuous development and improvement of the leniency system for confession and punishment,there have been some shortcomings in China’s legal aid system.For example,the duty counsel system still needs to be improved,the practical conflict between legal aid defense and entrusted defense has not been resolved,the scope of criminal legal aid application is unreasonable,and the funding for legal aid is insufficient.This paper explored the path to improve the legal aid system against the background of the leniency system for confession and punishment.Through theoretical research and case analysis,it analyzed and summarized practical achievements,and proposed corresponding improvement paths based on the analysis of issues.The full text is over 30000 words in total,and it has four parts in addition to introduction and conclusion:In the first part,it mainly provided an overview of the background of the legal aid system.Firstly,it briefly summarized the historical evolution and the latest development trend of China’s legal aid system.Secondly,it discussed the role of legal aid in the leniency system for confession and punishment from three perspectives.In the second part,it analyzed the current situation of the implementation of legal aid in the leniency system for confession and punishment in China and the problems existing in the practice.First of all,it analyzed the problems of two typical cases of the leniency system for confession and punishment.One is that the role of duty counsel is formal and the litigation rights are incomplete,which cannot truly achieve the original intention of the system.Secondly,there is still a conflict between legal aid defense and entrusted defense in cases of the leniency system for confession and punishment.Secondly,it discussed the current situation of the scope of application of criminal legal aid and the current situation of legal aid funds.It is concluded that the scope of legal aid is unreasonable and the funds for legal aid are insufficient,which provide a theoretical basis for the following issues.In the third part,in-depth reflection on typical cases and the current judicial situation are conducted.There are still some prominent issues in the practice of the legal aid system.Such as the imperfect duty counsel system,the conflict between entrusted defense and legal aid defense,the unreasonable scope of application of legal aid,and the insufficient funds of legal aid.In the fourth part,corresponding improvement suggestions based on the practical difficulties of the above analysis have been proposed.Firstly,in response to the issue of imperfect duty counsel system,the primary task is to clarify the role of duty counsel,while improving corresponding litigation rights,so that to truly play the role of the duty counsel in cases of the leniency system for confession and punishment.Secondly,based on the analysis of relevant laws,clarify the fundamental reasons for the conflict between legal aid defense and entrusted defense,and construct a resolution mechanism for the conflict between the two.Thirdly,it is necessary to classify the types of legal aid applicable to different cases in a reasonable manner,ultimately achieving the goal of expanding the scope of application of legal aid in the context of the leniency system for confession and punishment.Finally,increase the total amount of legal aid funds and ensure the year-on-year growth of legal aid funds,so as to strengthen the funding guarantee for legal aid.