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Study On Duty Lawyer System From Wide Field Of View Of The Lenient Punishment Of Guilty Plea

Posted on:2020-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:M HuFull Text:PDF
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In order to better adapt to the new situation of criminal litigation,China has carried out the pilot of the program of fast-track sentencing procedure for criminal cases and the pilot of the lenient system of confession and punishment in criminal law.The lenient punishment for guilty plea was established as an important principle of criminal litigation on the Criminal Procedure Law of the People's Republic of China(2018 amendment)which passed on October,2018.The duty lawyer is an indispensable participant in the lenient punishment system of guilty plea.The most important significance of the duty lawyer is to ensure the effective operation of the lenient punishment system of guilty plea.The characteristic of on-duty lawyer system is universality,zero charge,and emergency.In the lenient punishment system for guilty plea,the on-duty lawyer system makes up for the defects of legal aid lawyers,improves the vulnerable position of the accused,supervises the power operation of investigation organs,and guarantees the voluntariness and authenticity of the system.The purpose of the on-duty lawyer system is conforming to the specific criminal procedure.It faces some difficulties in the pilot practice in some areas,and the unclear positioning of the on-duty lawyer is a key and difficult problem in the construction of current on-duty lawyer system.By positioning the on-duty lawyer as the defender,it is not only show the characteristic of respecting its original characteristics of legal aid,and give it corresponding defense function in the specific criminal procedure,so that the on-duty lawyer can better play its role in the reform of confession and punishment.In addition,there are also many inevitable problems to be solved in the lenient punishment system for guilty plea: how to determine the qualification of on-duty lawyers;if the lawyers on duty have limited rights,whether they should be given the right to review papers,to meet and to be present at the court session;unreasonable establishment of duty lawyer's workplace;the function of the duty lawyer is difficult to realize.In order to solve the above problems,it is required to firstly explore the causes of the problems,secondly analyze the relations between the problems,and finally reflect on the current situation of on-duty lawyers to find effective and feasible solutions,so as to solve the problems.Therefore,in criminal proceedings.Therefore,inthe process of the reform of criminal procedure,in order to optimize the lenient punishment system of guilty plea,while making clear the functional orientation of the duty lawyer,we should also clarify the duty lawyer's reading right,meeting right,the right to be present at court,and the right of sentencing negotiation.Not only the qualifications of the duty lawyer should be strictly restricted and the workplace of the duty lawyer should also be perfected.We should set up a defense mechanism and improve the duty lawyer subsidies to boost the enthusiasm of the duty lawyer participating in litigation.Thereby,the duty lawyer will play a due role in the lenient punishment system for guilty plea.
Keywords/Search Tags:The lenient punishment system of guilty plea, Duty lawyer, Criminal defense lawyer
PDF Full Text Request
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