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Our System Build In The Duty Lawyer

Posted on:2013-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:P ZhaoFull Text:PDF
GTID:2246330371479844Subject:Law
Abstract/Summary:PDF Full Text Request
With the deepening of China’s reform and opening up and raising the level ofeconomic development, as well as the legal consciousness of our people constantlyenhanced, more and more people are seeking legal services in real life, but theimbalance of China’s economic development has led to a growing gap between therich and the poor disparity, entry threshold is very stringent about the existing legalaid system, resulting in the vast majority of people can not get legal help andlegitimate rights and interests have been violated when they are seeking legal help.Faced with this situation, the duty counsel lawyer system is introduced into thecountry’s legal aid system in order to solve the defects and deficiencies of the existinglegal aid system, and ultimately build our country’s duty counsel lawyer system.In this article, the author uses a survey method, comparative law, experience andscientific research papers for a detailed elaboration. First, the author summarizes andsummaries briefly the concept and nature and feature of the duty counsel lawyersystem in the article, and draws the unique features of the duty counsel lawyer system.Meanwhile, the duty counsel lawyer system was introduced into China in2006, theMinistry of Justice decided after research and discussion Xiuwu County, Jiaozuo City,Henan Province as the first pilot areas, and has gained valuable experience andlessons learned, and next the pilot of the duty counsel lawyer system was pushed tothe country, but a number of shortcomings and deficiencies has also been exposed inthe running of the duty counsel lawyer system. Faced with this problem, the idea ofthe author was turned to foreign countries, because the duty counsel lawyer systemhas been implemented in foreign legal system, the system was provided moreperfectly in many foreign countries, the author selected three typical countries-Britain, Japan and Canada, and introduced legislative provisions and judicialoperation very detailedly about the duty counsel lawyer system of these threecountries, and concluded experience and enlightenment that are good to building our duty counsel lawyer system. The system runs in foreign countries very well. However,the existence of the necessity and possibility to build the system? Next, the authoranalysed in detailed the necessity and possibility relating to the structuring our dutycounsel lawyer system, to show that China needs the duty counsel lawyer system, andour country has the conditions in different respects of building the system. After wespared all the preparatory work and the full demonstration analysis, the author hadexplored from various angles of our duty counsel lawyer system.It is the thesis of the article comes down to the point about how to build a fullrange of our duty counsel lawyer system. The concept and the nature and thecharacteristics of the duty counsel lawyer system are introduced and analysed; theduty counsel lawyer system in China’s pilot are introduced; legislative provisions andjudicial health of the duty counsel system and the experience gained enlightenment inthis three countries; the necessity and feasibility about the building of the dutycounsel lawyer system built in our country, all of which were serviced for how tobuild our duty counsel lawyer system. In the process of discoursing how to build ourduty counsel lawyer system, the author believes that we must first havecomprehensive and detailed and specific provisions on the duty counsel lawyersystem in legislation, because a system wants to run smoothly, it must first have alegislative basis. Next, we must also note that all aspects of the system running, forexample, we have to make it clear that afford organization and workplace about theduty counsel lawyer system, and we must strengthen the coordination betweenProcuratorate and Court and duty counsel management agencies, and we have tostrengthen Mutual exemption review mechanism inter the duty counsel lawyer systemand the judicial assistance, and we provide professional and high qualified lawyerspersonnel, and we sound the supervision and management mechanism of the dutycounsel lawyer system.We march the duty counsel lawyer system pilot project and eventually build upthe duty counsel lawyer system, because the value of the system itself is very good. Itnot only can compensate for the shortcomings and deficiencies of the legal aid system,but also can enhance communication and understanding among the prosecution andcourt and public security authorities and lawyers and ordinary people. At the same time, if the duty counsel lawyer system can be effectively implemented, theprotection of our people’s basic human rights, especially protection of suspects andthe accused the basic human rights will be epoch-making significance, meanwhile, itwill play an addition to its role on maintaining the harmony of social relationshipsand stable social order.
Keywords/Search Tags:Duty Counsel Lawyer System, Legal Aid System, Comparative Research
PDF Full Text Request
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