Research On Duty Lawyer System

The duty lawyer system refers to the system in which the legal aid institution sets up a duty lawyer's office in the people's court,the people's procuratorate,and the detention center,and dispatches or temporarily dispatches lawyers to provide legal services for criminal suspects and defendants who have not been entrusted by a lawyer or a designated defense lawyer.The duty lawyer system is an important supporting system for pleading guilty and pleading guilty from the lenient system and criminal procedural procedures,and is also an important system for implementing full coverage of criminal defense.The duty lawyer can provide legal assistance to criminal suspects and defendants in a timely manner,which can effectively protect their litigation rights and meet the needs of the development of the rule of law in China.Therefore,this paper studies and analyzes the concept,characteristics,essence and value of the duty lawyer system,and analyzes the development status of the duty lawyer system in China and the problems existing in China,finds out the causes of the problems,and draws on the advanced experience from abroad.On the basis of this,find a solution to the problem of duty lawyers,thus promoting the development of relevant systems and the rule of law in China.The first chapter is the overview of the duty lawyer system,which mainly includes the concept,nature,value of the duty lawyer system and the analysis of other adjacent concepts.Although the duty lawyer is also a lawyer and part of the legal aid system,it is traditionally entrusted.There is a big difference between lawyers and designated defense lawyers.In order to understand the duty lawyer system in depth and apply it to practice and achieve the desired effect,it is necessary to analyze and study its unique place,so as to lay the foundation for the later empirical research.The second chapter is about the development and comparison of the system of lawyers on duty outside the country.This led to the enlightenment and reflection on the system of duty lawyers in China.The investigation of the extra-territorial duty lawyer system is mainly divided into two parts.The first part is the investigation of the duty lawyer system in typical civil law countries such as France,Germany and the Netherlands.The second part is an analysis of the more developed countries in the Anglo-American legal system,such as the United Kingdom,Canada and Japan.Comparing the system of duty lawyers in civil law countries and common law countries,and finding out the similarities and differences of their existence,it is conducive to discovering the uniqueness of the duty lawyer system and its enlightenment to China.The third chapter analyzes the pilot situation of the duty lawyer system in China,the establishment of the Criminal Procedure Law of 2018,the existing problems and the reasons.Through the research on the pilot situation of the duty lawyer system in the selected three pilot cities,we found its advantages and disadvantages,and combined with the development status of other cities in China and the provisions of the Criminal Procedure Law,we found the problem of duty lawyers,that is,mainly The lawyers on duty are unclear,the rights of duty lawyers are limited,the quality of service is difficult to guarantee,and the operating mechanism is imperfect.The reason is that China's long-term theoretical misunderstanding,imperfect legal provisions,lack of reward and disciplinary mechanism,and legal inspection Insufficient is an important reason.Only when you have a deep understanding of the cause of the problem can you find a better solution.The fourth chapter is the construction and improvement of the duty lawyer system.By clarifying the status of the "defender" of the duty lawyer,giving him the right to defend the work of the duty lawyer,and then strengthening and assessing the service quality of the duty lawyer,changing the existing operation mode of the duty lawyer,and combining the pilots of various places and the advanced legal countries abroad.The experience and lessons of development,to build and improve China's duty lawyer system,to ensure the benign development of the duty lawyer system and related systems.