Research On Duty Lawyer System In Criminal Speedy Trial Procedure

The criminal speedy trial procedure is a simplified procedural procedure applicable to minor criminal cases.It proposes the establishment of the duty lawyer system at the same time as the criminal procedural procedure,and provides effective protection for the criminal suspects and defendants who apply the expedited procedure.To make run efficiently and orderly.In the judicial practice,the duty lawyer system in the criminal speedy trial procedure still retains some problems and deficiencies.With the aim of perfecting the duty lawyer system in the criminal quick-disciplinary procedure,the paper analyzes the establishment process and significance of the duty lawyer system in the criminal quick-discovery procedure.The paper puts forward the problems in the system in the judicial practice and discusses the existing problems,and discusses the harmfulness of the function of the duty lawyer system.Finally,the paper draws on the experience of the establishment of the more mature duty lawyer system outside the domain,and puts forward the viewpoints and opinions on perfecting the duty lawyer system in the criminal quick procedure.The paper is divided into four parts,the main contents are as follows:The first part investigates the establishment process and significance of the duty lawyer system in the criminal quick trial procedure.Firstly,the paper describes the formal establishment of the duty lawyer system from the crirminal speed trial procedure to the criminal procedure law after the amendment.Secondly,the necessity and practical significance of the duty lawyer system in the judicial practice of criminal prosecution procedures are analyzed.The duty lawyer system is a major thrust to promote the "trial-centered" criminal litigation system reform,and is of great significance for further improving China's legal aid system and criminal defense system.The duty lawyer guarantees the basic litigation rights of criminal suspects and defendants,thus ensuring the realization of judicial justice.The second part is to discuss the problems and deficiencies of the duty lawyer system in the criminal prosecution process.For example,because the law's regulations on duty lawyers are not clear,the theoretical and practical circles have different views on the positioning of duty lawyers.Therefore,the function setting of duty lawyers is inconsistent in the practice of criminal speed procedural procedures.The legal help of duty lawyers in the process of criminal speed program is not obvious,sometimes it is ineffective.The level of professionalism of duty lawyers is uneven and enthusiasm.The lawyers on duty are not able to help the law,and the procedures are not connected.The third part analyzes the negative impacts of the function of the duty lawyer system in the criminal quick-discovery case.In the pilot of the criminal prosecution procedure,the establishment of the duty lawyer system was mainly to provide legal assistance to the prosecuted and to protect their litigation rights and other legitimate rights and interests.The function of the duty lawyer system is not in place and will not be conducive to the legal rights of the prosecuted.In the process of reviewing the case,the ineffective performance of the duty lawyer will not be conducive to the discovery and correct identification of the facts of the case,which will ultimately affect the realization of judicial justice.The fourth part draws on the experience of the establishment of relevant systems in the United Kingdom,Japan and other countries,combined with China's national conditions,and puts forward suggestions for the problems and shortcomings of the duty lawyer system.First,it is necessary to expand the litigation rights of the duty lawyer system,give the duty lawyers the right to see,read and the necessary right to appear in court;the second is to strengthen the participation of duty lawyers,give full play to the right of opposition lawyers and the right to suggest.The third is to establish a system of legal aid and lawyer defense in the process of program transformation.Fourth,improve the supporting mechanism of duty lawyers.For example,the author suggests to establish a dedicated and perfect library of duty lawyers in various places,and classify the duty lawyers library.The author suggests to develop an internal incentive mechanism and an evaluation mechanism,and develop a dedicated feedback mechanism and punishment mechanism for duty lawyers.