| The system of duty counsel on pretrial detention centre refers to the legal services system provided by Judicial administrative organization,which guaranteed by government finance,established a fixed workplace in the the pretrial detention centre,and the legal aid agencies arrange the counsels to go to the pretrial detention centre regularly and provide some advisory services and other legal services to the suspects,defendants and their relatives and friends.The system of duty counsel is also part of the legal aid system while being included in the criminal expeditious procedure system.There are a large number of defendent who can not get the legal assistance in the criminal proceedings due to the strict limited of the legal aid system,and the poor population is large.The service provided by duty cousel is avaliable to everyone.Thus,this system can supply the gap of the legal aid system,and many of the poor defendent were so free to enjoy the legal services that provided by lawyers.This is undoubtedly in line with the trend of legal aid can easily get by those people who have committed minor offences,this is also an important reflection of the protection of human rights.Except the introduction and the conclusion,the text is divided into three parts,The full text consists of thirty-six thousand words:In the first part,the author choosed 5 pilot areas of the duty counsel system on pretrial detention centre,Zhengzhou,Shanghai,Chongqing,Xiamen,Wuhan,hopes to acquire a greater depth of understanding of the pilot situation of the pretrial detention centre duty counsel system through interview,questionnaire,etc.And then,introduce the working situation of the duty counsel system on pretrial detention centre in the 5 pilot area from organization setting and staffing,the contents and object of service,work arrangement of duty counsels,sources and use of funds,work discipline of duty counsels of the duty counsel system on pretrial detention centre.In the second part,on the basis of introducing the working situation of the duty counsel system on pretrial detention centre,this chapter selective analysis the shortcomings in practice of this system.In 2006,Xiuwu,Henan Province,as the country’s first pilot area,the duty counsel system is being extended in the whole province after achieved a certain effect.Since2014,with the start of national pilot project of the criminal expeditious procedure,the duty counsel system on pretrial detention centre are promoted to the whole country.Today,theduty counsel system on pretrial detention centre have gained a lot of valuable experience,but due to the lack of unified standards,and practice of the 5 pilot area is not consistent,therefore,there are many omissions inevitably in the course of the system running.The omissions in practice including the scope of application,the staffing of duty counsels,content of service,the obligation of keep the suspect informed of the human rights protection,work place settings and so on.Of course,not all of pilot areas have these same problems,some pilot areas is quite satisfactory,while some pilot areas is not satisfactory.Accordingly,the author analysis the causes of these problems from the legislation and practice level.In the third part,in order to deal with all kinds of problems in practice,on the basis of analyzing the choice of mode of duty counsel system,this paper puts forward various concrete measures and supporting measures to perfect the duty counsel system on pretrial detention centre.Author will turn to the foreign country’s duty counsel system while facing at the status quo of the domestic pilot in this chapter,based on the successful experience of foreign duty counsel system,to demonstrate the necessity and feasibility of some specific measures in China.Foreign duty counsel system have been developing for many years,such as the United Kingdom,Canada,Australia,Japan and Hong Kong,these country have achieved good results whether at the legislation or practice level.It is no doubt that it will be a great benefit to the construction of the duty counsel system in our country if we can draw lessons from its successful experience. |
