Study On Duty Lawyer System In China

The level of protection of human rights is an important manifestation of the progress of a country's rule of law.With the development of China's legal aid system,the duty lawyer system as a supplementary system in the legal aid system is also constantly improving and developing.In August 2017,the PRC 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 the “Opinions on the Work of Legal Aid Lawyers on Duty”,which unified the work duties,work guarantees,and work modes of duty lawyers,and the legal aid duty lawyer system.Since then,it has been fully implemented throughout the country.Not only that,in the revision of the Criminal Procedure Law of 2018,it made clear provisions on the duty of duty lawyers to lenient system of admission of guilt and punishment in criminal cases,and provided legal protection for the clarification of work duties for the legal aid duty system.Establishing a duty lawyer system in China is a major step in promoting the reform of the "Proceedings Centered on Trial" litigation system.It is of great significance to strengthen judicial justice,improve judicial efficiency,prevent the occurrence of unjust and false cases,and protect the legitimate rights and interests of the prosecuted.Although the duty lawyer system has a series of provisions in the early stage on the legal level,there are still many shortcomings in the actual judicial practice.For example,the duty lawyer's work operation mechanism lacks uniform standard,the number of duty lawyers is small and the quality is low,the work guarantee mechanism is not perfect,and the duty lawyer's supervision system is imperfect.The existence of these problems will largely limit the effective functioning of duty lawyers and become a hindrance to the development of the duty lawyer system.The purpose of this paper is to summarize and analyze the problems existing in the current development of the duty lawyer system in China,and to provide feasible suggestions for the further improvement of the duty lawyer system in China.This paper is divided into four parts: The first part mainly is to write the origin,concept and characteristics of the duty lawyer system and the necessity of setting up the duty lawyer system in China and the discussion on the status of duty lawyers;the second part is to summarize the experience and enlightenment of the perfect development of the duty lawyer system in China through the introduction and analysis of the duty lawyer system in the UK,Japan and Hong Kong;the third part is to summarize the problems in the operation of the system from the pilot to the establishment of the duty lawyer system in China;the fourth part is based on the relevant legislative experience of foreign countries and other regions,based on the actual national conditions of China,puts forward the feasible suggestions for perfecting the system of duty lawyers in China.