Realistic review and rational return of effective legal aid defense under the system of pleading guilty and accepting punishment
The emphasis on effective legal aid defense under the system of pleading guilty and accepting punish-ment aims to ensure the recipient's voluntariness,authenticity and legality of pleading guilty and accepting pun-ishment.However,in practice,there are prominent problems such as the legal aid effect of on-duty lawyers is not ideal,the designated defense service has not reached the expected level and the legal professional community has not been fully established.The relevant restrictive factors mainly include legal aid defense practice factors,legisla-tive norms factors and judicial concepts and litigation system factors.In order to achieve the effectiveness of legal aid defense under the system of pleading guilty and accepting punishment,in terms of practical supply,it is neces-sary to strengthen the normativeness of the internal management of legal aid lawyers and the cross-regional coop-eration mechanism,adjust the defense positioning and optimize the judicial concept;in terms of rule continuation,it is necessary to improve the provisions on the right to obtain legal aid,allow limited lawyer intervention in in-vestigation and interrogation,ensure the smooth exercise of the rights of on-duty lawyers and clarify the mecha-nism for generating sentencing recommendations;in terms of system support,the invalid defense system in China's criminal proceedings can be constructed from the three levels of judgment standards,procedural application and legal consequences,so as to further improve the defense quality of legal aid lawyers.
pleading guilty and accepting punishmentlegal aid defensesentencing negotiationright to legal helpon-duty lawyer
万方数据
维普
