On The Duty Counselor System

2016,the Supreme People's court and the Supreme People's procuratorate together with the Ministry of public security,the Ministry of national security and the Ministry of Justice issued "on Authorizing the Supreme People's court and the Supreme People's Procuratorate to carry out criminal cases in some areas that the pilot project of plea and leniency system decision",marking a key step in the perfection of the plea and leniency system.The plea and leniency system is a useful attempt to combine human rights protection with judicial efficiency,but it also weakens the defense litigation of the defense objectively.In this context,the intervention of a duty counselor as a legal help is particularly important.The role of lawyer help is concentrated on protecting the suspects and defendants' voluntariness and discretion in confession and punishment,as well as the legality,validity and validity of leniency in confession and punishment.In practice,although from the duty counselor system is put forward for the first time has been more than three years,but there are still some lawyers identity is unknown,intervention time lag,help content is limited,help effect issues can not be guaranteed in the pilot,limiting the role of the legal aid lawyer on duty.In view of the problems faced by the duty counselor system,we should solve these problems step by step through the establishment of initial and long-term goals,so that the duty counselor system can serve the case of plea and leniency better,making it an opportunity to achieve full coverage of criminal defense in China.