An Empirical Study On The Duty Lawyer System

The duty lawyer system refers to the system in which the legal aid agency appoints the lawyer to be on duty in the court and detention center,and carries on the free legal service to the object in need of help in the course of duty.Due to the shortcomings and shortcomings in the design and operation of the system,there are still some problems in the current criminal proceedings,such as the lack of informing the parties of their rights,the difficulty of connecting up and down the work links,and the excessive examination time of legal aid.In practice,it is easy to cause the accused in criminal cases to be unable to obtain legal aid in a timely manner or even to obtain legal aid.The low defense rate of criminal cases in our country is a drawback for a long time.The establishment of duty lawyer system is helpful to improve this situation and increase the amount of legal aid.At present,the duty lawyer system is an important part of the criminal defense system in our country,which is of great practical significance to ensure the exercise of citizens-undefined right to defense and judicial justice.As the first pilot area of China-undefined on-duty lawyer system,Henan Province has accumulated a lot of practical experience for the construction of China-undefined on-duty lawyer system since 2006.From the perspective of the system to the whole country,this paper discusses the problems in the system operation from the work of the pilot area in Henan province.The aim of this paper is to improve the system of duty-duty lawyers in our country.This paper makes a discussion on the on-duty lawyer system through the field investigation and analysis of data and the related work regulations issued by Henan Province.The article is divided into four parts.The first part analyzes the development status,value and research significance of the system from the theoretical angle,and the second part introduces the present situation of the duty lawyer system in Henan province,and the third part points out the existing problems through the analysis of the current situation of operation and the related documents.The fourth part puts forward some suggestions on the existing problems.