Research On The Legal Aid Problem In The System Of Guilty Confession

The value of pleading guilty to pleading guilty is to improve litigation efficiency and optimize judicial resource allocation,but how to guarantee fairness under efficiency is worthy of our attention.Although China’s criminal legal aid system has been relatively perfect,there are still many deficiencies,and the duty lawyer system as a supplementary form of the legal aid system also exists.First,although the guilty plea system has given legal aid lawyers equal prosecutors’ status,there are still inequalities in judicial practice.For example,in obtaining information,prosecutors are generally earlier and more comprehensive than aid lawyers.Understand the facts of the case;secondly,the case of "should" provide legal aid to the criminal suspect or the defendant does not include the case of pleading guilty and lenient punishment,and still obtain the application of the criminal suspect or the defendant,so The scope of legal aid is still too narrow.It is very likely that criminal suspects and defendants will face the huge judicial organs alone.It is difficult to achieve full coverage of criminal defense in practice.Again,the legal aid system lacks financial guarantees.A large gap has been formed with the income of social lawyers,which has led to a decrease in the enthusiasm of legal aid lawyers to participate in the work.The aid lawyers are obsessed with exercising their rights.Finally,there are many problems in the duty lawyer system itself.The duty lawyer is the “helper”.Participate in a pleading guilty plea penalty case,most of which are exercised Procedural rights,can not provide substantial help for criminal suspects and defendants.In view of the above-mentioned problems,we should proceed from the actual situation in our country,learn from relevant foreign systems,learn from them,and improve our legal aid system so that we can better “assisted” the confession and punishment system smoothly.First,we can learn from the public defender system in the United States,establish a public defender’s office in a legal aid institution with more criminal cases,give the public defender the status of the national staff,and the funds should be financed by the state;second,expand the scope of legal aid.The guilty plea case is one of the forms of “should” to provide legal aid.When the criminal suspect or the defendant does not entrust a defense lawyer,he directly provides legal aid to him.In the process of guaranteeing confession and punishment,lawyers always provide legal services.Finally,Clearly positioning the lawyer on duty,giving the duty lawyer the same physical rights as the general defense lawyer,such as the right to read the paper,the right to meet,etc.,and formulate relevant supporting mechanisms to examine the professional ability of the duty lawyer to ensure the quality of the duty lawyer team.Improve the duty lawyer system.