Research On The Realization Of Effective Defence In The Cases With Guilty Plea

Effective defense is the basis to ensure the voluntary of the pleading guilty and punishment,and is also the necessary condition to play a good role in sentencing consultation mechanism and strive for more favorable sentencing results for the accused.However,in practice,the effect of lawyers’ effective defense in pleading guilty and punishing cases is not ideal.On the one hand,it is related to the imperfect systems such as sentencing consultation mechanism,legal assistance and legal defense linkage mechanism,and on the other hand,it is related to the fact that lawyers themselves have failed to establish correct defense concepts and timely change defense strategies.On the basis of clarifying the practical obstacles faced by lawyers to achieve effective defense,and combining the characteristics of the cases of confession and punishment,this paper will propose solutions such as improving the sentencing consultation mechanism,improving the work linkage mechanism between the lawyers on duty and the defense lawyers,establishing the relief mechanism for invalid defense,giving great play to the role of duty lawyers in providing legal assistance,and the defense lawyers should have the concept of effective defense throughout the whole process of handling cases,Promote the realization of effective defense in the cases of confession and punishment.