The Research On Duty Lawyer System

The duty lawyer system is an important measure of the process at this stage in the reform of judicial system,which has an important meaning to the quick criminal judging procedure,the system of lenient treatment for admission of guilt and acceptance of punishment and promoting the trial-centered reform of the procedural system,but the system is facing problems in pilot process.Based on the theoretical analysis of the duty lawyer system,the investigation of the extraterritorial system and the experience of the pilot area,this paper puts forward the idea of promoting the construction of the duty lawyer system,in order to promote the construction of the duty lawyer system.In addition to the introduction and conclusion,this paper is divided into four parts,the contents of each part are summarized as follows:The first part is the summary of the duty lawyer system.The position of the duty lawyer is "quasi defender".The duty lawyer is quasi defender who refers to government expense,according to the actual work of the judicial administrative organ,appointed by legal aid institutions,provide including legal advice,program selection,compulsory measures and so on.The duty lawyer has the characteristics of being extensive,timely,temporary and helpful.The duty lawyer can play and protect the fairness and efficiency of the defendant's human rights,for the accused to provide effective help,protection of rights,perfecting the duty lawyer system,lawyer to help promote the relevant criminal litigation system reform and the realization of criminal litigation.The second part is the preliminary practice and existing problems of the duty lawyer system in china.In the current round of judicial reform,the duty lawyer has been established in the pilot areas of the quick criminal judging procedure,the system of lenient treatment for admission of guilt and acceptance of punishment,such as Zhejiang,Henan,Fuqing and Xi'an.In addition,although some areas have not carried out the quick criminal judging procedure,the system of lenient treatment for admission of guilt and acceptance of punishment,but also established a lawyer system on duty,such as Ningxia.The practice of duty lawyers have achieved good results,but there are also many problems,such as the duty lawyer are confused with other types of lawyers,duty lawyer actual participation in the case is less,the duty lawyer failed to provide effective legal aid,failed to achieve full coverage of the proceedings and the mechanism of selection,assessment and subsidy is not perfect.The third part is the investigation and enlightenment of the extraterritorial duty lawyer system.In foreign countries,Britain,Canada,Australia,Japan,New Zealand and other countries have formed a relatively perfect system of duty lawyer,after investigation,we can draw the following enlightenment:The duty lawyer needs after selection and training,strict duty lawyer type diversification,some of the cases on duty lawyer shall not participate in,the duty lawyer is mainly a kind of emergency measures,duty lawyer system operation needs to be multi support.The fourth part is some ideas on promoting the construction of duty lawyer system.On the basis of analyzing the present situation,existing problems of the lawyer system on duty in the pilot area of our country and investigating the system of lawyer on duty outside the country,this paper puts forward some suggestions on perfecting the system of duty lawyer.Mainly include:strengthening the work support of judicial administrative organs;improve the selection,training,assessment and subsidy mechanism of on duty lawyer;expand the duty lawyer service scope;make the duty lawyer have the right of "marking right" and "meeting right" and other procedural rights;constructing the working mode of duty lawyer.