| The history of civilization in criminal proceedings is a history of continuous expansion and perfection of the right of the investigated individual,Moreover,obtaining the right to counsel is the most important way to protect the right of the investigated individual.During the period of revision and development of criminal procedure system in our country,right to advocacy is also regarded as an important way to protect the investigated individual's human rights.As a legal assistance system generally established in a legal state,the duty lawyer system aims to provide preliminary,timely and convenient legal advice and legal services.The duty lawyer system is of great significance in the reform of criminal justice,such as the prompt adjudication procedure,the lenient confession and punishment,the full coverage of the lawyer's defense.Additionally,it was formally incorporated into the Criminal Procedure Law of the People's Republic of China in 2018.The behavior of detainees in detention center is often more serious,and the management system of detention center makes them unable to get legal assistance freely and timely,which makes the legal assistance of duty lawyer in detention center very important.In a certain sense,the effectiveness of the duty lawyer in the detention center determines the overall fate of the duty lawyer system.Although the academic circles pay more attention to the subject of the duty lawyer,due to the closeness of the operation of the detention center and the fitness of obtaining the data,the attention to the operation practice of the duty lawyer in the detention center is insufficient.For the reason,this paper takes the duty lawyer system in detention center and the operation practice as the research subject.In addition to the introduction and conclusion,the text is divided into three parts,a total of 33423 words.The first part is the theoretical analysis of duty lawyer system in detention center.First of all,according to the sequence of time,the author combs the historical process from the local reform to the comprehensive reform to the final establishment of the legislation of the duty lawyer system in detention center in our country.Secondly,through combing the relevant policies and academic documents of the duty lawyer system,it is found that the duty lawyer system in our country has three functions: the important way of protecting human rights,the important supplement of the criminal legal assistance system and the important guarantee of the legitimacy of the criminal justice reform.Finally,combined with the systematic norms of duty lawyers in detention centers in China,it is found that the system of duty lawyer in detention center,to some extent,showcases the characteristics of full coverage of criminal cases and a new type of litigation participant feature as a legal helper in functional orientation.The second part is the research on the operating mechanism of the duty lawyer system in the detention center.First of all,through the field research and interviews and other empirical research methods,from the understanding of the legal aid center in the detention center workstation construction,through the notification mechanism for the criminal suspects to obtain legal help and the application mechanism,the detention center duty lawyers provide legal assistance to the intervention mechanism Explain,dynamically understand the operation process of the detention lawyer's duty lawyer system.At the same time,combined with the investigation,through the combination of objective data and subjective evaluation,the effect of the detention lawyer's duty lawyer system in the local area is demonstrated.Although it is not consistent with the expected effect of the system,it still exerts a positive effectThe third part is the main problems and suggestions of the duty lawyer system in the detention center.First of all,combined with empirical research,we found that there are several problems in the duty lawyer system in detention center in our country: on the function orientation,there is a problem of witnesses and publicity workers in the popularization of the law;the rights are not adequate and the obligations are not implemented;and the quality of legal assistance is not high.Secondly,on the basis of analyzing the causes of the problem,in order to provide a reference for the improvement of the system,this paper puts forward four suggestions to perfect the role of the quasidefender of the duty lawyer in the detention center,to give it flexible and adequate litigation rights,to perfect the concrete mechanism of the system's operation and the supporting mechanism. |
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