| The establishment and gradual improvement of the duty lawyer system is not only an important achievement in adapting to the current trend of human rights development in the world and demonstrating judicial human rights,one of the highlights of China's judicial human rights protection system.It has a major impact on human rights protection and judicial fairness.under the background of criminal justice reform,the legal aid provided by duty lawyers has become a form of legal aid.Due to the extensive application of summary procedure and expedited procedure in criminal cases in China,this form of legal aid will become the norm.Based on the basic principles of the criminal legal aid system and the background of judicial reform with trial as the center,this paper discusses how to improve the duty lawyer system in our country from the following five parts:The first part introduces the research background and the source of the thesis,the purpose and significance of the research,the current situation of the research on the duty lawyer system at home and abroad,and the research methods of the thesis.The second part,the orientation analysis of duty lawyer system in our country.The problem of unclear positioning is the biggest problem in the implementation of the duty lawyer system.The article briefly introduces three kinds of views on the position of the duty lawyer: "Substantive defender","Prospective defender",and "Special legal aid counsel".Through the analysis,I take the view of "Special legal aid counsel".The third part analyzes the problems existing in the judicial practice of duty lawyer system.This part summarizes the provisions of China's laws and regulations on the duty lawyer system,and its application in the trial of criminal summary procedure and the case of guilty plea.It is pointed out that the duty lawyer's position in the duty lawyer system is not uniform,his duties are too general,the rights of defense lawyers are not guaranteed by the necessary legal rights,the willingness of duty lawyers to participate is low,and the actual difficulties of many cases are few.The fourth part introduces the legal regulation and enlightenment of the duty lawyer system in the foreign countries and relevant areas.In the United Kingdom,Canada,Japan,New Zealand,and HongKong,has a relatively complete system of duty lawyers.The following experiences are drawn from: the need to strengthen the scope of the duty lawyer system,the diversification of the duty lawyer types,ensuring the immediacy of the duty lawyer to provide services,and the duty lawyer can be converted into a defense lawyer according to the wishes of the parties.The fifth part,the improvement of the duty lawyer system with Chinese characteristics.According to the main problems existing in the duty lawyer system of our country,some suggestions on improving the duty lawyer system under the background of judicial reform are put forward.It mainly includes: balancing the duty lawyer system with the legal aid system,refining the duty of duty lawyer,improving the supporting measures of the system,and exploring a variety of duty work methods. |
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