On Duty Lawyer System About Detention House In China

With the development of the international human rights protection movement after World War II.Countries pay more and more attention to the protection of the human rights of the accused,especially the right of the accused to expand.In this context,the legal aid system has become one of the most important parts of the criminal justice reform.However,the legal aid system is facing a common problem,that is,how to break through the limitation of the scope of legal aid,and to ensure that all the accused get the help of lawyers.In this regard,countries began to set up on duty lawyer system.The duty lawyer system is to protect the basic rights of the accused in criminal cases and set up a criminal legal aid system is the national judicial system in the operation of each link and each level,the need for legal remedies to protect its own basic rights of the accused to provide free legal services,not to be prosecuted the economic situation,case for service defined object.In our country,the main place of accused pretrial detainees is detention house,in the case of limited legal aid in our country,the majority of pretrial detainees is unable to get enough legal aid in detention house.In detention house of the special field and special period of time,China does need to construct duty lawyer system in detention house and the duty lawyer system has been gradually implemented in judicial practice.The duty lawyer system is conducive to detention detainees receiving free,real-time lawyer help,realize judicial equality and justice,safeguard the basic rights of detention detainees,carry out the legal aid in the early stage of criminal procedure,regulate and supervise the exercise of the power of investigation.The most difference between the duty lawyer and the defense lawyer and the legal aid lawyer is neutrality.The neutrality determines the difference between the rights and obligations and the defense lawyers and legal aid lawyers.The duty lawyer provides legal services to the pretrial detainees through consultation and telephone consultation.Due to the broad characteristics of the duty lawyer service object,put forward new requirements for the meeting process of detention house in our country.The duty lawyer system of special field,determines the operation of the system will have many contacts with detention house.Only with full assistance in detention house,the duty lawyer can provide effective legal services,pretrial detainees can get law service.The operation of the pretrial detainees on duty lawyer system should pay attention to the coordination between the duty lawyer and the prosecutor in charge,in order to form the internal and external supervision.At the same time,the operation of the duty lawyer system,also need security system,the most critical is to solve the number of duty lawyers and the quality of duty lawyer.