Since Chinese society into the transformation period,social value and more complex cognitive,rapid development in science and technology,a new form of crime emerge in endlessly,criminal judicial organ does not decrease the work load,relying on the existing criminal procedure,has been not enough to digest of criminal cases.In view of this,the central judicial reform policy makers began to learn from foreign experience and put forward the reform goal of establishing a lenient system of confession and punishment in accordance with the national conditions.When the plea for admission of guilt was raised by a lenient system,the expectation was that it would help the growing criminal trial burden.As pilot reform of a system,however,the purpose is to comprehensively deepen reform experience,thus its system design can’t detail,must in some rule of blank.In the absence of uniform rules,the degree and procedure of the duty lawyer’s participation in the plea for leniency are different.Based on pilot areas pleaded guilty to forfeit their program under the duty lawyer participation pleaded guilty to forfeit their case as the breakthrough point,analysis on duty lawyer’s role in the case,then found its due role in participating in the focus of dispute,causing the duty lawyer pleaded guilty to participate effectively in forfeit their thinking of the program.Duty lawyer pleaded guilty to participate in greater forfeit their program,can guarantee accused guilty pleas forfeit their voluntary,ensure pleaded guilty and forfeit greater synchronicity,pleaded guilty to ensure that the right to defend and booster forfeit their role in many aspects,such as the further reform of institutions;However,due to the influence of the implementation environment of the system,it also faces the difficulties in the role of the lawyer on duty and the limited rights of the lawyer on duty.To solve the above problems,we need to define the role of the duty lawyer,protect the right of the duty lawyer,and broaden the scope of staff of the duty lawyer. |