On Legal Status And Litigation Rights Of The Duty Lawyer

As an important part of the legal aid system,the duty lawyer system has been piloted in China for 13 years.The latest revision of the Criminal Procedure Law passed on October 26.2018,officially wrote the duty lawyer system into the Code.However,the theoretical circle has a lot of controversy about the positioning and litigation rights of duty lawyers.The focus of the debate is on the relationship between duty lawyers and legal aid lawyers and the difference between the duty lawyer and the defense lawyer.This paper firstly discusses the system of duty lawyers.and puts forward its institutional source and its construction in China.On this basis.it summarizes the controversial viewpoints of the position of lawyers in the theoretical circle of China,and then analyzes the current law on duty lawyers.After analyze the regulations and the reality of the duty lawyers in the judicial practice,I put forward the idea that the duty lawyer should be positioned as "legal helpers".Finally,on the basis of summarizing and analyzing the particularity of the confession and punishment case,the litigation rights and guarantee measures that the duty lawyer should have are put forward.