| With the vigorous development of the human rights movement in the world,the protection of the rights of criminal prosecutors has become more and more important in all countries,and the need for reform of the criminal legal aid system has become more urgent.The emergence of the criminal legal aid duty lawyer system has effectively compensated for the limited scope of legal assistance in China.The establishment of the system is a legal remedy provided by the state to the defendant in a criminal case at the institutional level,and it is also a punishment for the current Chinese guilty plea.The effective guarantee of procedural legitimacy in the judicial reform trials in the wide system,criminal expeditionary procedure and full criminal defense coverage.After years of practice and exploration,our country's criminal legal aid system has been initially formed,and on-duty lawyers have played a significant role in legal assistance and human rights protection.However,the discussion and research on criminal legal aid duty lawyers in the theoretical and practical circles are mainly focused on the problems existing in the operation of the system,but they neglect the identification of criminal legal aid duty lawyers.The litigation status determines the duties and powers of criminal legal aid duty lawyers.Within the limits of rights and obligations,can we better determine whether criminal legal aid duty lawyers perform their duties properly,fully,and effectively.This paper defines the rights of criminal legal aid duty lawyers mainly from three perspectives: the right to review,the right to meet,and the right to be present.These three kinds of rights are the most basic rights that defense lawyers should enjoy.In view of the fact that criminal legal aid duty lawyers are a special form of legal aid,the definition of the rights of criminal legal aid lawyers on duty should also take into account their particularity,such as the right to obtain a subsidy,the right to turn procedures,and the right to evaluate and appraise.Defender's rights.Based on the litigant status of the criminal legal aid lawyer on duty,this article defines the rights of criminal legal aid lawyers on duty.This article mainly uses three research methods in the writing process.The first is the literature research method.The author collected,collated,analyzed and analyzed the above-mentioned literature and materials on the books,academic papers,and other research results of the lawyers on duty,and had a more comprehensive understanding of the criminal legal aid duty lawyer system in China.The second is the empirical analysis method.Through field research,the author summarizes the issues related to the rights of criminal legal aid duty lawyers in their work.The third is the comparative analysis method.Through the study of the lawyer system outside the field,the issue of the absence of lawyers' legal rights on duty in criminal legal aid is compared.The purpose is to put forward feasible suggestions on protecting the rights of criminal legal aid lawyers on duty.In addition to the introduction,the article consists of three parts.The first part expounds the theoretical foundation and development process of our legal system for criminal legal aid duty.It sums up the emergence and changes of the right of lawyers on duty in China's criminal legal aid during the development process,and provides a theoretical basis for the protection of the rights raised in the latter part.The second part defines the lawsuit status and litigation rights of our criminal legal aid lawyer on duty.Through analysis of the current disputes over the identification of criminal legal aid duty lawyers,we draw the position that our criminal legal aid lawyers should be on duty in practice.This inferred that our criminal legal aid lawyers should be on duty.On the basis of the foregoing,the third part summarizes the ways and means of safeguarding the rights of lawyers on duty,and provides feasible suggestions for protecting the rights of Chinese criminal legal aid lawyers on duty. |
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