Research On The Effective Participation Mechanism Of Lawyers Under The Perspective Of Precision Of Sentencing Recommendations

With the revision of the Criminal procedure Law in 2018,the system of pleading guilty and giving punishment has been formally established in the legislation of our country.When the criminal suspect pleads guilty,the pro-curatorial organ consults with the criminal suspect and the lawyer on the sentencing range,and pursues the agreement to reach the sentencing suggestion,signs the confession and punishment to conclude the letter.With the continuous progress of the system,precision has increasingly become the target of the sentencing suggestion generation mechanism,and also put forward higher requirements for the prosecution and defense consultation mechanism.As the defender of the legal rights and interests of the criminal suspect,the lawyer should strictly perform his own defense function,give full play to his role,and strengthen the human rights protection of the accused.However,in practice,on the contrary,the effectiveness of lawyers’ participation in pleading guilty cases is insufficient,and the malpractice of participating in formalization is becoming more and more prominent.Therefore,this paper takes the lawyer professional group as the breakthrough point,closely follows the development path of the accurate sentencing suggestions,collates and summarizes the role change and function expansion of the lawyer group,and puts forward some suggestions for improvement around the dilemma that lawyers cannot participate effectively,combined with the investigation of overseas experience.This paper is divided into five parts,the specific contents are as follows:The first part takes the precision of sentencing recommendation as the background,defines the nature of sentencing recommendation power as the part of public prosecution power,and defines the connotation of precision sentencing recommendation.By analyzing the present situation of lawyers’ participation,this paper clarifies the neglect of the mechanism of lawyers’ participation in the generation of sentencing recommendations,and summarizes the active role of lawyers in the development of accurate sentencing recommendations.The second part focuses on the change and development of the role of lawyers under the requirements of the precision of sentencing suggestions,and summarizes the functional expansion and higher requirements of lawyers from four angles: the forward shift of the focus of work,the addition of consultation and communication functions,the knowledge of accurate sentencing issues and the broader responsibilities and obligations of lawyers.The third part takes the two kinds of participation identity of defense lawyer and duty lawyer as the standard,excavates the dilemma that the lawyer plays at present.At the level of defense counsel,on the one hand,the effective participation of lawyers is reflected in the substantive participation in the prosecution negotiation process,but at present,the effectiveness of the prosecution and defense negotiation process is not good,and there are deficiencies in the negotiation status,information disclosure and negotiation rules.On the other hand,due to the defects in the content and effectiveness of the confession of guilt and punishment,the result of prosecution and defense negotiation cannot be fixed,which affects the right of defense of lawyers,and hinders the promotion of the litigation process.At the level of duty lawyer,focusing on the duty lawyer system as the bottom line of legal aid,this paper points out that the duty lawyer system is a mere form from the procedural and entity levels.The fourth part takes the common law countries and the civil law countries as the reference,through the investigation of the lawyer participation mechanism and legal aid mechanism in the plea-bargaining system,the comparative analysis of some points that can be used for reference.The fifth part puts forward the suggestions of effective participation of lawyers under the suggestion of perfecting accurate sentencing in view of the predicament of lawyers’ participation at present.The first is to promote the materialization of the prosecution and defense consultation procedure,implement the right of the defense to start the consultation procedure and refine the evidence disclosure system,construct the rules of equal dialogue,and introduce guiding cases for sentencing guidance.The second is to standardize the text of the conclusion of the confession and punishment,set out the obligations of the pro-curatorial organs and add the process of sentencing reasoning,at the same time,make clear the effectiveness of the lawyer’s signature behavior,and ensure its defense space in the follow-up process.The third is to further improve the duty lawyer system,in order to adjust the conditions of participation,the implementation of defense rights,give sentencing recommendations to negotiate the right and enhance the practice of security,enrich the localization of effective participation of duty lawyers.