The Research On Duty Counsel System

With the development of society and the progress of the law, the idea of human rights has been deeply rooted among the people, a growing number of citizens realize to use legal weapons to arm themselves. When a criminal suspect is in face of national public power, he can get a fair trial with access to a lawyer if he has enough money, or get a legal aid counsel. But the service object of legal aid system is limited,still many criminal suspects participate in investigation, prosecution and trial without lawyers’ help. For the criminal suspects, defendants who should get legal aid, there exists the phenomenon, such as investigators delayed in telling rights, the review time of legal aid is too long. In order to safeguard rights of criminal suspects, defendants,construct the duty counsel system in China.Duty counsel system is to purchase legal services for weak criminal suspects and defendants by the state, the social lawyers, legal aid lawyers and legal aid volunteers provide free legal services without reviewing situation and type of case. One side,duty counsel is implement of legal aid system, on the other side, to ensure the impartiality of the pretrial procedure.As a breakthrough point, discuss the value of the duty counsel system. It can protect the right to defense equally, safeguard the right to defense autonomy, improve the weakness, guarantee the balance between accuser and defense. Then discuss the need of duty counsel system based on justice practice, it can make up for the object of criminal legal aid system, dredge the program of legal aid application and reviewing.In the case of lack of the right of lawyers-on-site, supervise the exertion of the power of investigation, safeguard the rights of the suspects and defendants, at the mean time,exclusion of illegally obtained evidence and criminal speedy trial procedure need the duty counsel system. The theoretical basis and reality requires are given, many cities started to explore duty counsel system, through the introduction of the practice and foreign experience, build on duty counsel system in detention and court, provide free legal services without reviewing situation and type of case. The duty counsel system put forward the right of lawyers-on-site in death penalty case to supervise the exertionof the power of investigation and guarantee the rights of the death penalty case criminal suspects, and the duty counsels help criminal suspects, defendants collect procedure and negotiate sentencing in criminal speedy trial procedure.