Investigation Report On The Implementation Of The On-duty Lawyer System Of The Court

In 2014,the "work on authorizing the Supreme People's Court and Supreme People's Procuratorate to carry out the pilot program of rapid criminal adjudication in some regions"(hereinafter called the "measures on rapid adjudication" for short)which is first proposed to establish the on-duty lawyer system in China.In 2016,it further proposed to develop the on-duty lawyer system which carried out the trial-centered reform of the criminal procedure system and punish leniently pilot work for confessing guity.In 2017,the Supreme People's Court,the Supreme People's Procuratorate and three departments issued “ The opinions on carrying out the work of on-duty lawyers in legal aid”,which further defined the function of on-duty lawyers in trial-centered reform of the criminal procedure system and punish leniently pilot work for confessing guity.Under the background of the full coverage of lawyers' defense of criminal cases in the trial stage in 2017,lawyers on duty system continued to deeply explore and participate in the general and defend routines.36 legal regulations were added in 2018 “The Criminal Procedure Law”,indicating that China has formally established the legal aid on-duty lawyer system.The trial-centered reform of the criminal procedure system,the separation of complicated and simple cases and the optimization of resource allocation are key steps.The on-duty lawyers of the court can provide effective legal assistance to the defendants and promote the realization of fairness and justice.Besides,the on duty lawyers are not only digest misdemeanor cases to save defense resources,but also become an important power to promote the substantive trial.In practice,the construction of the on-duty lawyer system has achieved initial results,on-duty lawyer system in many pilot courts' own their characteristics,providing substantial help for the defendants.However,many problems also have been exposed in the process of system construction,such as the low quality of legal assistance provided by on-duty lawyers and they go through the motions,on-duty lawyers do not appear in the court,the defendant cannot defend himself against the trial and on-duty lawyers and the on-duty lawyers in the pre-trial stage cannot communicate in time that leads to a lot of repetitive work and poor efficiency work for the on-duty lawyers in the trial stage,which seriously restricts the further development of the on-duty lawyer system.Based on the implementation's investigation and analysis of the on-duty lawyer system in the courts of F city,H city of Z province,and B district of S city,this thesis summarizes the problems existing in the process of the on-duty lawyer system of the court and tries to provide suggestions for improving the on-duty lawyer system of the court in combination with the system theory.There are four parts in this thesis except for the introduction:Part one: Investigation on the implementation of the on-duty lawyers system.This part is mainly divided into six parts.The first part is to introduce the detailed regional regulations on the implementation of the on-duty lawyer system of the investigated units.Second,the coverage of the on-duty lawyer system.Third,the court on duty lawyers' meeting and reading right;Fourth is the court on duty lawyers on the scene to witness the defendant to plead guilty to a written confession and the right to appear in court investigation;Fifth,the investigation of the evaluation and guarantee system for on-duty lawyers;Six is other help situation investigation.Part two: Analysis of the problems and causes in the implementation of the on-duty lawyer system.This part consists of two parts.It summarizes the main problems existing in the current system of on-duty lawyers from the perspectives of limited coverage of the system,insufficient participation of on-duty lawyers,limited effect of providing legal assistance,and lagging information reporting and connection mechanism.The reasons are analyzed from the following aspects: unclear orientation of duty lawyers,insufficient functions,lack of effective legal assistance standards,and neglect of the characteristics of trial stage.Part three: Suggestions on perfecting the system of on-duty lawyers.Four parts in this part,from the clear duty lawyer litigation status,the dual legal aid system,guarantee the defendant meet power,the elaboration duty lawyer meet regulations,improve the duty lawyer rights mechanism,duty right of lawyers in court,establish work information docking platform,enhances the working efficiency of the duty lawyer,legal aid,diversified reforms give suggestion to perfect the duty lawyer safeguard system.Part four: Conclusion.