Preliminary Study Of On Duty Lawyer System In China

With the practice of the criminal speed procedure in 2014 and the implementationleniency system of guilty plea in 2016,the establishment of the duty lawyer system in our country has been born.Although the existence of duty lawyer system is necessary and reasonable under the current judicial system reform in our country,as an emerging system design,there are still some problems to be solved in the process of concrete pilot operation.Firstly,I elaborate on the background and the pilot status of our current duty lawyers,combined with the current normative basis of duty lawyer system,summarizes the development characteristics of the pilot area of duty lawyer system in our country,and then further summarizes the local experience to explore the necessity of setting up duty lawyer system.Secondly,as our country is still in the exploratory phase of the establishment of duty lawyer system,the author summarizes the legislative provisions and operation of duty lawyer system in England and Canada which are mature in on-duty lawyer system and concludes that our duty lawyer System in the construction of experience and inspiration;Finally,the author summarizes the problems existing in the duty lawyer system in our country.The most important one is the problem of function localization of the lawyer on duty.Due to the unclear position of duty lawyer,the duty of duty lawyer in the specific litigation stage is not clear,which limits the effective performance of duty lawyer.In response to these problems,this article put forward personal opinions on the position of duty lawyer,Through the determination of the position of duty lawyer,further clarify the responsibility of duty lawyer in the concrete stage,The establishment of these two basic issues laid the foundation for the final proposal of promoting the diversified development of lawyers participating in duty and their clients,These three specific assumptions are mutually reinforcing.