A Study On The Subject Of The Accused In Leniency System Of Confession And Punishment

Under the new development situation,the national level puts forward new requirements for the construction of the rule of law,and the leniency system of guilty plea is formed in such a background.The comprehensive implementation of the plea leniency system in China is conducive to safeguarding citizens’ basic human rights,realizing just and fair trials,and helping to reduce judicial costs.In terms of protecting the rights of the accused,there are still many deficiencies,such as low participation of duty lawyers,failure to play a practical role in informing,and the appearance of sentencing negotiations.The main part of the article includes four parts: the first part explains the urgency and necessity of protecting the rights and interests of the accused in the process of hearing the leniency system of guilty plea.This paper analyzes the meaning and purpose of protecting the rights and interests of the accused,and brings new ideas for improving the leniency system of guilty plea.The second part expounds the evolution of the rights protection of the accused in the process of implementing the leniency system of guilty plea.Specifically speaking,the first is the current situation of the protection of the rights of the accused in the stage of the system;Second,from having to trying,the rights of the accused are not guaranteed in judicial practice,and the system isinsufficient.Third,from trial to establishment,reasonable suggestions are put forward on how to protect the rights of the accused and make up for the deficiencies of the system.The third part explains the current practical problems of protecting the rights of the accused in the process of carrying out the leniency of guilty plea system in our country.By analyzing typical cases,it is not difficult to see that the rights and interests of the accused are violated in the process of implementation of this system,for the following reasons: First,the judicial organ has the right to initiate,the accused and the defender are in a passive position,and it is entirely up to the judicial organ to decide whether to apply the guilty plea,which is more prominent in the public prosecution organ;Second,although the accused signed the plea form,he did not know what evidence the prosecutor alleged;Third,the duty lawyer’s participation is low,the participation procedure is unreasonable,and the utility has not been played;Fourth,although the two sides negotiate,they fail to achieve the purpose of rational counterbalance,and the rights of the accused are ignored;Fifth,the remedy right of the accused is in vain.The fourth part is about how to effectively protect the rights of the accused in the process of implementing the leniency system of guilty plea.The reasons mentioned above are analyzed in depth,and suggestions on how to improve the system are put forward: first,the right of the accused to be fully informed should be guaranteed;Second,the procedural choice of the accused should be implemented;Third,the defense right of the accused should be respected;Fourth,ensure the subject ofnegotiation of the accused at the trial stage;Fifth,to protect the limited regret of the accused.