Research On The Positioning Of Duty Lawyer

The 2018 revision of China's criminal procedure law was written into the law for duty lawyer,so far,the development of duty lawyer system and the development of legal aid have entered a new historical stage.Criminal procedure law provisions on duty lawyer for neither entrust persons as his defenders,and do not specify a defender of the defendant or criminal suspects to provide legal consultation,program selection Suggestions,apply for change of compulsory measures,puts forward Suggestions such as legal help handling the case,however,the revised draft in a review of the term "legal aid" corresponding "defense",for the theory and practice have caused a stir.Professor Chen guangzhong,think that the lawyer is not on duty at present stage has marked the defense implications of meeting,marking,represent the three core rights and duty lawyer does not work in the defense in the true sense,is the standard of defense is to defend the downgrade,unable to call it a complete coverage of defense in the true sense,and suggests that will change the word "defense" back to "legal aid".As we all know,the revised draft second referee sure enough the dispute focus change back to "help" law,and the final approval,National People's Congress standing committee explained as in the modified report,the positioning and two senior department in 2016 "about pleaded guilty in some areas to carry out the criminal case greater forfeit of the pilot system method" corresponds to the prescribed in accordance with the requirements of the relevant departments to the lawyer's job was on duty at the same time.There is no clear positioning of the lawyers on duty in the relevant normative documents,and the wording of the provisions is ambiguous.Practices of different places in practice also vary greatly,resulting in a chaotic situation.The academia is divided on the positioning of the lawyers on duty.The unclear orientation of the duty lawyer severely limits the function of the duty lawyer system.Whether interpreting the connotation of legal assistance,or considering the actual functions of on-duty lawyers,or the actual needs of China's criminal justice,on-duty lawyers can only be defenders.Based on the reality of our country,the on-duty lawyer system with Chinese characteristics should be established to make the on-duty lawyer become the third important force to realize the full coverage of the defense of lawyers in criminal cases together with the entrusted lawyer and the legal aid lawyer in the narrow sense.In the first part,the author briefly discusses the origin and development of the on-duty lawyer system,and analyzes the preliminary pilot and effect of the on-duty lawyer system in China,laying a foundation for the following revelation.And briefly summarize the characteristics of the foreign duty lawyer system,through the interpretation of foreign advanced experience to explore the crux of China's current problems to provide perspective,at the same time for the latter part of the proposed path.The second part,some help,does not mean effective help.Due to location is unknown,in the current practice across different operation,the author collected online written judgment on duty lawyer involved in all cases,the lawyer was on duty in the case of the specific work carried out a statistical analysis,combined with its more than marking right,meeting with the right and other rights are limited,can't provide effective legal help,the duty lawyer has essentially become a witness.The third part,from two aspects of the role and function of the duty lawyer ought to locate separately to carry on the analysis,through to the current laws and regulations,deep interpretation of the connotation of legal aid to on duty lawyer actual need to determine duties,and the requirements of the complete coverage of criminal defense lawyers was on duty,based on long-term,lawyer's location is only defenders on duty.In the fourth part,in order to change the present situation of witnesses of onduty lawyers and provide effective legal help or effective defense for the accused,the author believes that the defense of on-duty lawyers should be gradually promoted.As soon as possible,define the status of the defender of the on-duty lawyer,grant and guarantee the corresponding rights to his/her responsibilities,and establish and improve the work quality assurance system.However,at the present stage,it is faced with many difficulties,such as unbalanced regional development,shortage of lawyers resources and serious shortage of funds.At present,it should be handled in a phased and gradual manner,and rush to provide full coverage of defense,but in essence,there is no coverage.