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Research On The Operation Of Duty Lawyer System In S Province

Posted on:2019-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:C LiuFull Text:PDF
GTID:2416330566479111Subject:Civil and Commercial Law
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Since the start of the first pilot work of Duty Lawyer System in 2006,Duty Lawyer System has been in existence for more than a decade in the mainland of China,but the construction of the system is still in its infancy.At the beginning of the rise of the system,academia and practitioners have also initiated an upsurge of theoretical discussion and empirical research on the Duty Lawyer System.However,the promotion of the Duty Lawyer System encountered some resistance so that Duty Lawyer System is rarely mentioned again.After the Party's 18 th National Congress in 2018,continuing to deepen reform of the judicial system had been raised in that congress.China began a new round of the reform.Duty Lawyer System has become a hotspot once again.It has also increased the rate of lawyer defense of criminal cases in China,further standardized the behaviors of investigation agencies,public prosecution agencies,and judicial organs,guarantee the protection to the rights of the accused and improve the quality of criminal sentences.This positive role have once again been emphasized.Since the reform was promoted,China's Duty Lawyer System has been continuously improved and has achieved great development in all localities.However,many problems have also been exposed.This paper adopts an empirical research method combining questionnaires and interviews,selects S province as the research object and investigates the operation of the Duty Lawyer System in S province.Obtain the overall data of the operation of the system in the whole S Province from the Legal Aid Department of the Bureau of Justice of S Province,and then distributed questionnaires randomly to 400 persons who work and live in S Province against the public's understanding of Duty Lawyer System in S Province.The survey collected a total of 264 valid responses.Based on these 264 responses to the questionnaires,visited 30 staff members of the judicial administration in S Province,20 judges,10 prosecutors,and 30 lawyers to conduct more detailed interviews with them.Then,summarizes the problems showing up in the operation of Duty Lawyer System in S Province,and try to complete it in the aspect of system construction.In the practice of Duty Lawyer System in 17 municipalities in S Province,the institutional framework has been established,the main body of responsibility for legal aid centers at all levels has been clearly defined,and the legal aid workstation as the working platform for duty lawyers has also been basically established,and some of the functions of the duty lawyers have been achieved.However,in the system itself,due to the notion of "duty lawyer","legal lawyer","defense lawyer" and other concepts in practice is still not clearly defined,resulting in the positioning of Duty Lawyer System is unknown so that the right of duty lawyer is not clear and safeguarded;as for the operational environment,the coordination mechanisms between the relevant agencies,personnel supervision,and funding sources are not perfect,making the Duty Lawyer System obstructed in the operation;as for the connection with other systems,due to the judiciary Institutional reforms proceeded rapidly,and new regulation system emerged in the field of criminal litigation,however,these regulations are scattered in various policy documents,and is still not systematized.On the basis of discovering problems,this article will clarify relevant concepts,clarify the legal status and corresponding rights of duty lawyers,and combine the general direction of the reform environment to provide ideas for establishing a sound operational guarantee mechanism and a cohesive mechanism with other institutions.We come up with that firstly,to improve the application of Duty Lawyer System in the system of the pleading guilty procedure,and to open channels for lawyers to appear in court;secondly,to incorporate lawyers helping to apply for grievance procedure into the work functions of Duty Lawyer System to fulfill the integration of the relevant systems;thirdly,to establish a cohesive mechanism with the policy of coverage of criminal defenses,ensuring that the duty lawyer is still of independent value in the reform of full coverage of criminal defense,and at the same time can be beneficial to later criminal defenses to improve efficiency.The innovation of this paper lies in the use of empirical research methods to examine the situation of institutional operations,and then put forward a feasible path for the improvement of institutional construction from the theoretical and the deterministic aspects.This paper focuses on the operation of Duty Lawyer System in S province,but not strive to exhaustively examine the operation in the whole China.The conclusion is targeted.At the same time,because the mainland of China has a unitary structure,and S Province has a certain degree of representation,the conclusion of this paper also has certain universality...
Keywords/Search Tags:Duty Lawyer, Operation of the System, Empirical Research
PDF Full Text Request
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