The Study Of Duty Lawyer's Effective Participation In The Admitting Guilty With Lenient Punishment Case

By the time of the completion of this paper,the pilot project of pleading guilty from 2016 has been work for more than two years.This system aimed at improving litigation efficiency and saving judicial resources,how to reflect the legitimacy of the system itself is the focus of reform.The omitting part of the court proceedings from the wide system led to the weakening of the procedural protection of the prosecuted,and how to ensure the legitimacy of the system is an urgent problem to be solved.In order to ensure that the prosecuted can obtain effective legal assistance,the duty lawyer system came into being.The development of the society has made the duty lawyer system face many new tests.How to make the duty lawyer system constantly updated and perfect in the ever-changing environment and how to let the prosecuted person understand the all-round judicial justice in the duty lawyer system is our questions that need to be explored in depth.The duty lawyer system as an imported product,the function of emergency legal assistance originally performed in western countries is far from enough in our judicial practice.The accused person pleads guilty and confession is a complicated process that requires the application of professional legal knowledge.In the face of a powerful public prosecution agency,the prosecuted who lack legal professional knowledge are most likely to fail to make the right choice in panic.Once the guilty plea system is chosen,it means that the right to defense is weakened.If the duty lawyer acts only as a witness in the case,how can the prosecutor's rights guarantee be realized in the process of pleading guilty?Although the duty lawyer system has been piloted for two years,and the new criminal procedure law of 2018 has been written on the basis of many judicial documents,the author believes that the legislative provisions on improving the effectiveness of duty lawyers are still not perfect.In the situation of China's criminal defense rate is so low,the duty lawyer's function can not only stay at the level of passive legal advice,the duty lawyer must effectively participate in the pleading guilty privilege case to effectively protect the rights of the accused.However,in practice,the effective participation of duty lawyers is very low,and the fuzzy provisions in the legislation have caused great obstacles to the effective participation of duty lawyers.At this stage,we should not only be satisfied with the primary goal of helping the prosecutor have duty lawyers,but with the realization of effective lawyers as the final destination,the concept of'effective participation' in pleading guilty cases should be quickly established,making the theory both the realm and the practical community should recognize the importance of the effective participation of duty lawyers in pleading guilty to lenient reforms.Based on the social status and judicial practice in our country,we should find out the path of a lawyer with Chinese characteristics to participate effectively in confession and punishment cases,so as to promote the continuous updating and improvement of the duty lawyer system.By combing present situation of the duty lawyers system,we can analyze the main problems of the duty lawyers in practice.At present,the legal orientation of the duty lawyers in China is not clear,the guarantee of litigation rights is not in place,and the related supporting system is not perfect..It is very important for the duty lawyer to play an effective role in protecting the legal rights of the accused person after pleading guilty.It can ensure the voluntary nature of the confession of the acquitted person,the legitimacy of the confession and punishment,and the balance of the state's public power.The effective defense concept of the United States can provide reference for the construction of the standard for the effective participation of duty lawyers.The criteria for constructing effective participation of duty lawyers should first clarify the role of the lawyers on duty.On this basis,the duty lawyers should have qualified qualifications.Fulfilling the obligation to inform and explain,actively conducting sentencing consultations,and carefully assisting the prosecutor in selecting procedures to improve the effectiveness of participation,and we can learn from the US ineffective defense system to evaluate the behavior of counter-attack lawyers.Double standards guarantee the effective participation of duty lawyers.From the perspective of perfecting litigation rights,duty lawyers should be guaranteed the right of present and read,and the duty lawyer should be given the right to negotiate with the procurator.From the perspective of perfecting the duty lawyer system,the duty lawyer should be pleaded guilty.The effective participation in the case of confession and punishment should also improve the supporting mechanism of the duty lawyer system,stricken the qualifications of duty lawyers,improve the case subsidies of duty lawyers,and consider establishing the connection and conversion mechanism between duty lawyers and defense lawyers,which will be prosecuted.So the protection of human rights can also be extended to the trial stage.