关键词： 认罪认罚, 自愿性, 保障机制, 《刑事诉讼法》, 被追诉人, 律师

Abstract: In practice,it is difficult for duty lawyers to provide substantive help to the accused because of the inadequate exercise of the right to meet,the right to defend,the right to review papers and the difficulty in evaluating the effect. The right to participate in the negotiation and the right to know cannot be guaranteed,and the mechanism of sentencing negotiation among various subjects leads to insufficient negotiation,which further leads to the problem of voluntary protection of guilty plea. In order to improve the voluntary guarantee mechanism of guilty plea,it is necessary to provide corresponding systems or measures to cope with the fourth revision of the "Criminal Procedure Law". We should strictly implement the criminal policy of combining leniency with severity and the trial-centered concept,promote judicial modernization,and then legalize the scope and functions of duty lawyers' legal help,and comprehensively protect the accused's right to know and right to participate through legislation. At the same time,it is necessary to improve the consultation system of sentencing proposals as a whole,adhere to the principle of division of responsibilities,mutual cooperation and mutual restriction among the three organs of the "Public Security Law",and clarify the relative autonomy of people’s courts in adopting sentencing proposals.

Key words:

guilty plea, voluntariness, safeguards, Criminal Procedure Law, the accused person, lawyer