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The Research On The Duty Solicitor System

Posted on:2019-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:X XiaoFull Text:PDF
GTID:2416330548952127Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Duty Solicitor System has achieved remarkable results worldwide.In 2006,China introduced the system for the first time,and achieved certain achievements and experiences in the follow-up pilot work.At the same time,it also exposed some problems.The launch of the pilot work on Duty Solicitor System throughout the country lays a foundation for the establishment of the system in China.With the continuous progress of the Criminal Justice Reform in our country,it has provided a historical opportunity for improving the Duty Solicitor System.Therefore,this article discusses the basic theories of the Duty Solicitor System,draws lessons from the foreign experiences,summarizes the practices in our country,and analyzes both from the legal regulations and the judicial practice,and conducts research on the reform and perfection of the Duty Solicitor System in China.This article is divided into four parts,the text of a total of more than 30,000 words.The first part is about the basic theory of the Duty Solicitor System.This part discusses the Duty Solicitor System theoretically,including the main content,the basic characteristics,and the litigation value of the Duty Solicitor System.The article argues that the Duty Solicitor System is a judicial remedy system provided by the state finance to purchase legal services,so that professional legal persons could provide criminal suspects and defendants with free legal services.This system has the characteristics of gratuitousness,simplicity,timeliness,universality,and diversity of objects.The establishment of the Duty Solicitor System is of great importance in ensuring the effective exercise of the right of defense of criminal suspects and defendants.It can not only strengthen the degree of program participation of criminal suspects and defendants,but also effectively supervise the exercise of the right to investigate.In addition,the establishment of the Duty Solicitor System is also conducive to saving litigation resources,improving the efficiency of litigation,maintaining a balance between prosecution and defense,and thus promoting the fairness of the criminal justice.At this stage,the establishment of the Duty Solicitor System is an urgent requirement for the implementation of an immediate procedural reform in our country.The second part is a comparative study of the Duty Solicitor System.The DutySolicitor System has relatively complete provisions in other countries and has now become an important part of their legal aid system.These mature systems and experiences have important implications for our country.The article gives a detailed introduction of the legislative provisions and judicial operation of the Duty Solicitor System in these countries.Compares and analyzes the differences between home and abroad,and discusses the experience and enlightenment of the construction of the Duty Solicitor System in China.The article maintains that compared with the Duty Solicitor System of other countries,China's services are instantaneous and unpaid,the scope of services and the breadth of objects,and the diversity of service types are basically in line with international standards.There are still gaps in the classification and responsibilities as well as personnel qualification requirements,which need to be improved.The third part examines the current situation of the Duty Solicitor System in China in terms of legislation and practice.The article believes that in the legislation field,China attaches great importance to the development of the Duty Solicitor System.According to relevant regulations,the Duty Solicitor System is an integral part of the legal aid system,and the on-duty lawyer does not have the identity of the defender.In practice,China's Duty Solicitor System has gone through the project pilot phase,the comprehensive exploration phase,and the judicial reform construction phase.At present,the Duty Solicitor System has achieved remarkable results in expanding the scope of criminal legal assistance and protecting criminal suspects and defendants' legal assistance in a timely manner,and has ensured the smooth progress of the expedited procedures.However,many problems have also been exposed in practice,which are mainly reflected in three aspects.Firstly,the legal provisions are not uniform,which makes the management of on-duty lawyers more difficult.Secondly,the judicial practice is not standardized,the protection of the right to know of the criminal suspects and defendants is not in place,and the lack of legal services on duty and the lack of assistance in the investigation stage have affected the effectiveness of legal aid.Finally,the supporting system is incomplete,the shortage of human and material resources,and the lack of qualifications of on-duty lawyers have resulted in difficulties in the quality of legal aid work.The fourth part is about the concept of perfection of the Duty Solicitor System in China.In view of the problems existing in the Duty Solicitor System in,the article believes that the reform of the Duty Solicitor System in China should be improvedfrom three aspects to ensure the quality and efficiency of the service work of the on-duty lawyer.Firstly,the working standards of the on-duty lawyers should be standardized to ensure the quality of legal aid work.Secondly,standardize the judicial practice,guarantee the defendant's right to learn the truth that the on-duty lawyer is assisting,assign the right to review by the on-duty lawyer,promote the on-duty lawyer more defensive,and also establish the presence of the lawyer in the investigation and interrogation.Finally,improve the supporting systems to protect the requirements of the legal aid office of on-duty lawyer,strict the qualifications of on-duty lawyers,improve the quality of case handling,and strengthen the protection of the lawyer's practice.
Keywords/Search Tags:Duty Solicitor System, On-duty Lawyer, Right of Defense, Defense Personification, Plea Bargaining System
PDF Full Text Request
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