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Research On Duty Lawyer In The Procedure Of Pleading Guilty And Pleading Punishment

Posted on:2020-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:K L KangFull Text:PDF
GTID:2416330590985492Subject:legal
Abstract/Summary:PDF Full Text Request
The confession of confession and punishment is a major issue in China's criminal justice reform.It embodies the criminal policy of combining leniency and strictness,and it is highly suitable for the urgent need of "multiple cases and fewer people" in China.It is of great significance for optimizing the allocation of judicial resources and improving the efficiency of litigation.Under the framework of lenient system of confession and punishment,the concept of duty lawyer and related mechanism also emerged as the times require.The confession and punishment system is the driving force and carrier of the development of the duty lawyer system.At the same time,the duty lawyer system provides important institutional guarantee for the confession and punishment.How to ensure that duty lawyers provide substantial and effective legal assistance to adapt to the actual needs of confession and punishment,and become an important concern of theory and practice.This article begins with the confession of confession and punishment from the wide program and the relevant theory of the duty lawyer system.Through the combing of the two systems,the development process of duty lawyers in China is obtained.Secondly,by analyzing the value of the duty lawyer's participation in the confession and confession from the wide procedure,and the current guilty plea punishment from the wide-process mid-time lawyer,the duty lawyer is considered to guarantee the reasonableness and protection of the pleaded guilty and punishment of the prosecuted.It is of great value in the legitimacy of procedures and the improvement of litigation efficiency.In combination with practice,it is pointed out that the current duty lawyers in China have unidentified status,limited rights and lack of effective duty lawyers.The unidentified status of the duty lawyer has led to limitations in legal help,resulting in sharp contradictions between actual and responsive needs.Based on this,in the context of the introduction of the Criminal Procedure Law of 2018,the role of the duty lawyer should be properly separated from the litigation power,the validity of the legal help of the duty lawyer should be ensured,and the legal help of the duty lawyer should be strengthened and upgraded.Expand the rights of duty lawyers to effectively respond to real needs.In this regard,the paper specifically proposes that the time of involvement of duty lawyers should be further clarified,the duty of lawyers on duty,interviews and other litigation rights should be given,and an effective connection mechanism between duty lawyers and legal aid lawyers should be established.In addition,in order to improve the relevant supporting mechanism of the duty lawyer system in our country,we start from the perspectives of access qualification,guarantee mechanism,duty mechanism and evaluation mechanism,and incorporate some innovative ideas to construct an effective duty lawyer operating mechanism.Through many initiatives,the duty lawyers can provide substantive and effective assistance in the confession of confession and punishment,thus promoting the smooth progress of criminal justice reform.
Keywords/Search Tags:Lenient procedure, duty lawyer, value, legal aid
PDF Full Text Request
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