On The System Of Compulsory Lawyer's Representation Of Criminal Complaints

According to the principle of res judicata,criminal judgment shall not be changed without legal procedures after it takes effect,but when misjudged case occurs,it shall ensure that the person who has been wrongly judged can get relief according to law.Criminal complaint as effective for the relief way to judge when an error occurs,is of great significance for the plaintiff,and our country criminal plaintiff belong to the low level of culture and the inability to hire lawyers of vulnerable groups,it is difficult to get effective complaint,coupled with a large number of do not conform to the qualifications for retrial appeal,have wasted the judicial resources.Therefore,it is necessary to establish a compulsory lawyer agency system for criminal appeals,as a supporting system for criminal appeals and a protection system for the weak to protect the rights and interests of vulnerable groups,so that lawyers with professional legal knowledge can participate in criminal appeals and protect the complainant's right to appeal.Under the social standard value idea,it has the realistic necessity to establish and implement the criminal appeal compulsory lawyer's agency system,which is from the entity and the procedure aspect safeguards the criminal plaintiff s appeal right,the standard criminal plaintiff exercises the appeal right legally the need;In the construction of the system of compulsory lawyer's agency for criminal appeal,it is necessary to establish a pre-examination mechanism of criminal appeal by setting up on-duty lawyers.It can be filtered to the criminal complaint in order to realize saving judicial resources,to shunt the appeal cases in order to realize the visit to separation,more important is on duty by the interpretation of a lawyer argue,timely resolve disputes,reduce the complaint.The fourth circuit court of the supreme people's court and the senior people's court of Shandong province have taken the lead in carrying out the trial work of lawyers' representation of appeals,and have achieved certain results,which have confirmed the feasibility of the system.The group of lawyers that has taken shape and the legal aid system in China provide a realistic basis for the construction of this system,and further prove its feasibility.But in the present criminal procedure idea and the system constructs this system,still will inevitably face some obstacles.First of all,the practice risk is too high and the practice security is lacking.Secondly,the scope of legal aid for criminal cases is narrow,and financial security issues.Finally,the construction of the system only has some policy guidance as a basis,the lack of relevant legislation as a basis.Pilot work mechanism to the criminal complaint compulsory lawyer agency system construction has important reference meaning,therefore,first of all,on the basis of the pilot work mechanism for reference to design of the system,by establishing the duty lawyer to pre-trial criminal complaint,have the effect of filtering,shunt and resolve disputes,after hearing a case may be a wrongful case of appeal,the advice of the people's court filing review;A wrongful criminal case is caused by the wrong investigation of the judicial organ.In the criminal appeal procedure,the state should act as the subject of obligation to provide legal aid to the claimant who may be wronged after preliminary examination.Through the professionalism of lawyers,the subject status of the claimant can be strengthened and the claimant can be guided to appeal according to law.In addition,some public welfare organizations in China have also played a positive role in correcting misjudged cases.Therefore,on the basis of on-duty lawyers,the"innocent project"of the United States is used to make full use of the power of public welfare organizations to provide legal services for the complainants.As a new system,it is inevitable to be imperfect at the beginning of its establishment,and the corresponding feedback mechanism is needed to find problems and improve them.Therefore,the joint conference system in the pilot work is worth learning from.At the same time,to make the system play a better role after the construction,it is necessary to overcome some difficulties in the construction of the system and expand the scope of legal aid.At the same time,it is necessary to expand the team of legal aid lawyers,strengthen the practice security of appeal lawyers,and do a good job in fund security,lawyer selection and training.