On The Perfection Of Legal Aid Duty Lawyer System

Legal aid duty lawyer system is an important weight for the protection of criminal prosecutors.The prosecuted person is in confrontation with a strong country and is also in the process of designing increasingly specialized litigation procedures.If there is no on-duty lawyer or help,or the help of the duty lawyer is not timely,the defendant will be in a state of passive helplessness.It is difficult to achieve its own relevant rights.The value of the legal aid duty system 1s to provide instant preliminary services for criminal suspects or defendants who enter the criminal procedure,and it is a good example of the criminal justice concept that everyone is equal before the law with its characteristics of wide coverage and gratuitousness.On August 28,2017,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security,the Ministry of National Security,and the Ministly of Justice issued the Opinions on Launching Legal Aid Duty Lawyer Work(hereinafter referred to as"Working Opinion on Duty Lawyer").The publication of this opinion made the legal aid duty lawyer system,which has been in operation in China for many years,finally come to the ground in the fonm prescribed by the plaintext,which will help the defendant to obtain more timely and convenient legal assistance,ensure the effective exercise of the rights of the person being prosecuted,and increase the efficiency of litigation.However,in the process of implementation of this system,high qualifications for on-duty lawyers and low subsidies led to inadequate resources for on-duty lawyers;problems with service methods and working standards and inadequate cooperation with case-handling agencies seriously affected the value of the value-added lawyer system.In order to make the Duty Lawyer System play its due role in protecting human rights and to realize the value of the legal aid duty lawyer system,this article is based on the status quo of legislation and combines the pilot work of duty lawyers to further explore the improvement of the legal aid duty lawyer system.First,it is clear that the lawyer on duty is the identity of the legal helper rather than the defender.The on-duty lawyer can provide the legal help to realize the defendant's right to defend;secondly,he ensures the sufficient resources of the on-duty lawyer by clarifying the on-duty lawyer's subsidies and setting up a more relaxed entry qualification;Improving the combination of on-site and off-site service nethods for on-duty lawyers,guaranteeing the timeliness,convenience,and quality of service provision.Finally,by improving the reporting obligations of the case-handling agencies,the degree of cooperation with case-handling agencies should be strengthened.