| It is an important task for the central government to deepen the reform of the judicial system by legal aid lawyers working on duty,and legal aid duty lawyers provide legal advice such as legal advice to criminal suspects and defendants at various stages of criminal proceedings.The main purpose of the duty lawyer system is to provide immediate and preliminary services for criminal suspects or defendants entering the criminal procedure,and to reflect the criminal justice concept of guaranteeing judicial human rights with its wide coverage and convenience.Since the Ministry of Justice and the United Nations Development Program jointly launched the pilot project of "legal aid on duty lawyer system" in Henan Province in 2006,and the legal aid on duty lawyer system was written into the amendment of the Criminal Procedure Law in 2018,China's legal aid on duty lawyer system has developed from the preliminary exploration stage to the steady growth stage.However,due to the lack of legislative guidance of the on-duty lawyer system,as well as the unclear position and responsibility judgment of the theoretical circles,the phenomenon that the on-duty lawyer system is only superficial and the legal aid is not effective often appears in judicial practice.With the implementation of the Opinions on the Development of Legal Aid Duty Lawyer Work(hereinafter referred to as the Opinions)and the eagerness to reform the trial-centered criminal procedure system,the implementation status of the Duty Lawyer System in different regions is different.It is mainly to summarize the results and problems presented by the provincial duty lawyer system in the implementation process,and to summarize the results and experience.At the same time,it provides reliable and comprehensive data for the research work of the duty lawyer system in China,and promotes the theoretical progress with the facts of the grassroots.This article is divided into four parts:the first one introduces the research background,research methods and research plan design of this topic.The second is the collation and analysis of the survey results,that is,through the collection of the questionnaire data and the collation of the interviews,the current status of the implementation of the duty lawyer system in our province is analyzed.The third is the successful experience and problems in the implementation of the provincial duty lawyer system reflected in the survey results,and the analysis of the reasons for the results and experience reflected in the survey.The fourth is to make suggestions and opinions on the solution of the problem,based on the analysis of the cause reasons. |
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