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Research On Criminal Legal Aid Duty Lawyer System

Posted on:2019-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:J P TaoFull Text:PDF
GTID:2416330545496667Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Under the background of the flourishing development of the modern legal system,the public pays special attention to human rights protection concepts and legal rights.However,in the course of criminal proceedings,individuals face a strong and passive position as defenders of state power.In order to maintain the minimum level of impartiality in criminal prosecution activities,the right of prosecution by state agencies must be limited,and defendants in vulnerable positions must acquire certain special rights protection.The criminal legal aid system can provide opportunities for lawyers to help the economically challenged and seriously punished persons.It is an important way to safeguard the rights,but it is constrained by the existence of problems such as the limited number of service targets,poor programming,and poorly operating mechanisms.The amount and quality of the defendant's access to legal aid are not optimistic.The on-duty lawyer system is another way to provide lawyers with help for the parties,which helps strengthen the defense ability,maintain the equality of the prosecution and defense,and has good judicial and social benefits.Although the work of lawyers on duty for legal aid in China started late,it has developed rapidly.In recent years,this work has gradually been promoted throughout the country and has achieved positive results.But overall,the development of the new system is still not perfect,and the specific legislative provisions are also relatively scarce.Many problems concerning the lawyer system on duty are still controversial,and there is also a lack of reasonable and effective model guidelines for practice.The main purpose of the establishment of the Duty Lawyer system is to implement the concept of respecting and safeguarding human rights and to protect the defendant's litigation rights.In this regard,the academic community has created differences between the constitutional basis and the basis of the criminal procedure law.There are also disputes over the positioning of the attorney-at-law system.The general view is that it should belong to the category of criminal legal aid.However,there is still some microscopic differences between the on-duty lawyer system and the criminal legal aid system.In addition,what kind of status is the lawyer who have involved in the case?Is it an auxiliary or an entity right?Do they have the basic right to defend?The issues such as the effective defense of this extension also need to be studied and clarified.This paper starts from studying the theoretical problems of the lawyers on duty in the current stage,and discusses the rationality of positioning the lawyers on duty as the foundation of the constitution instead of the criminal procedure law.The lawyer system on duty belongs to the criminal legal aid system in a broad sense,but at the micro level,there are differences in the objects of application,the degree of stability of lawyers involved in cases,and the work contents.Then the value analysis method was used to analyze the value of the attorney system in defending the defendant's right to defend and maintaining the balance between prosecution and defense.So far,the trial work of the duty lawyer system has been carried out in China,and the problems arising from the practical process have been summarized.On the basis of the experiences of more mature lawyers on duty have been used for reference,and the systematic legalization of the current judicial status quo in China has been established.The lawyer system has practical necessity,which is of great significance for strengthening the public understanding of the legal application of the judicial organs and promoting the stability and harmony of social relations.
Keywords/Search Tags:duty lawyer system, legal aid system, right to defense, attorney's right, plea and punishes leniency
PDF Full Text Request
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