The Study Of Duty Lawyer System

With the continuous progress of material conditions,the growing social needs and the gradual improvement of the legal system,the legal aid system in China is gradually maturing,and duty lawyer system is the product of the continuous improvement of our legal aid system.In August 2017,the "The supreme people's court,the supreme people's procuratorate,the ministry of public security,the ministry of state security and the ministry of justice" jointly issued by the "about carrying out legal aid duty lawyer work opinion" to standardize the legal aid duty lawyer's duty,operation mode,supervision and management,job security and so on.Although there are certain provisions in the lawyer's watch system,the State Affairs Office's opinions on perfecting the legal Aid system and the "two High and three Ministries","opinions on developing legal Aid Duty lawyers' work",However,these provisions also have many shortcomings,such as the failure to define the role of the duty lawyer,the lack of the necessary litigation rights of the duty lawyer,and the lack of clear provisions on the job security mechanism of the duty lawyer,and the existence of these problems.To a certain extent,it will affect the full play of the role of the duty lawyer system.Starting with the research of the concept and basic characteristics of the duty lawyer system,this paper analyzes the current legal aid duty lawyer system in various parts of our country,and points out the various problems in the process of the system exploration.Combined with the experience of foreign related legislation,the author puts forward the idea of further perfecting the duty lawyer system suitable for our country,especially on improving the operation mode of duty lawyer system,setting up the place and duty of duty lawyer,and so on.