The Research On Duty Counsel In The Criminal Legal Aid System

Since the establishment of the criminal legal aid duty lawyer system in Britain in the late 20 th century,the other countries in the world have gradually established the legal aid duty lawyer system with national characteristics.In China,the criminal legal aid duty lawyer system was established in 2006 and now a pilot program of guilty plea of leniency has been promoted.During the process of its development,the significance of the criminal legal aid duty lawyer system becomes more and more noticeable.Theorists have discussed what the criminal legal aid duty lawyer system is all about and reached a relatively consistent view,namely the system of criminal legal aid lawyers on duty,as an effective guarantee of the accused litigation rights,is a judicial relief system to provide legal help free of charge for people being prosecuted.With the development of times,especially in the current judicial environment of reform,the criminal legal aid duty lawyer system is endowed with new meaning because of the limitations of criminal legal aid duty lawyer system itself and the value conflicts arisen in the application of guilty plea of leniency.how to understand the meaning of the criminal legal aid duty lawyer system in the new litigation environment,and how to promote the criminal legal aid lawyer system effectively,there are questions deserve careful study.Specifically,based on the reform environment of guilty plea of leniency,the author studies the criminal legal aid duty lawyer system by combining the criminal theory and judicial practice.The paper is divided into four parts.The first part discusses the formation and development of the Chinese criminal legal aid duty lawyer system and the connotation of criminal legal aid system.That is,it introduces preliminary formation anddevelopment of the criminal legal aid duty lawyer system in China and identifies specifically the implementing body,aid recipient,applicable conditions and the identity of the duty lawyer.And at the same time,it confirms the particularity of legal aid duty lawyer system under the background of guilty plea of leniency,including the particularity of applicable condition,the particularity of the right to defend and intervention time,in order to better understand the new litigation environment connotation of criminal legal aid duty lawyer system.The second part makes an empirical analysis of the situation of the criminal legal aid duty lawyer's participation in the criminal cases involving guilty plea of leniency.In the process of writing,the author studies the implementation of the system of criminal legal aid duty lawyer in the pilot program of guilty plea of leniency and analyzes it from two aspects: situation analysis and effect analysis of the duty lawyer involved in the situation.It helps to position the criminal legal aid duty lawyer system in the judicial environment of guilty plea of leniency and also expose the problems in its implementation.The third part explores the problems in the implementation of the criminal legal aid duty lawyer system basing on the analysis of the situation and effect of the duty lawyer's participation in the cases of crime confession.Due to the lack of presence right and meeting right,the arbitrary of reading right,the singleness of defense way,the duty lawyer's right to defence is difficult to exercise effectively.Therefore,it is difficult to ensure the effective sentencing defense and fulfil procedural defense functions.In order to ensure the realization of fair value,and at the same time,considering the pursuit of efficiency value,we should not only endow duty lawyers conditional present right,meeting right,reading right,but also enrich duty lawyers' ways of defense,thus the role of the dutylawyer can be fully played.In addition,we should clarify the subjects of appeal,initiating mode and set up specific convergence mechanism to improve the criminal legal aid duty lawyer system.At the same time,we should establish the compulsory public service program,criminal legal aid fund,the duty lawyer's withdrawal system to solve the problem of security.