Research On Duty Lawyer System

As the cause of human rights continues to progress in China,Duty Lawyer System has been piloted first and finally implemented nationwide after new amendments to China's Criminal Procedure Law were approved.The program has now become a basic system based on the principle of protection of human rights,litigation subject and prosecution-defense equality.Against the backdrop of criminal justice reform and ongoing improvement of human rights protection,China adopts the system by drawing valuable foreign lessons on the basis of its current law system.The scheme has played its due role in China.To start with,it safeguards legitimate rights of criminal suspects and defendants by providing them with legal assistance.In addition,it prevents procedural violations through the supervision on the power of investigation.Last but not least,the system improves judicial efficiency and promotes prosecution-defense equality by optimizing resource allocation and ultimately facilitates criminal justice reform.However,the system still has room for improvement in terms of the role and right endowment of lawyers,team building and service effectiveness.On top of that,China has little experience in how to implement right to information procedure and fit the system into its current criminal justice reform.Failing to do this is another obstacle faced by the system.To tackle this issue,China can learn from foreign countries.In a combination of successful foreign experience and China's reality,practitioners need to find out how to determine the identity of duty lawyer and how to deal with the right to defense.The next step is to set a boundary of the power of the lawyers,and ensure their working efficiency by optimizing the selection of lawyers and the reward and punishment mechanism.More importantly,the system should be well integrated into China's new criminal procedure,and thus it will be more conducive to China's legal assistance and human rights protection,thus furthering China's judicial reform.