Study Of Our Duty Lawyer System

In 2006,the on-duty lawyer system was first piloted in China.From the successful experience of the pilot regions,it can be found that the on-duty lawyer system has a positive role in achieving the equality of citizens to enjoy national judicial resources and balance the strength of the prosecution and the defense.With the acceleration of China's legal construction process,The procedures for quick determination of criminal cases,especially the establishment of the system of confession and punishment of leniency have been established one after another.The research and improvement of the on-duty lawyer system in China are imminent.Duty Lawyer is a system model in which legal aid agencies are assigned to detention centers,courts and other places to provide legal assistance to criminal suspects and defendants.By analyzing the legal provisions of the new criminal prosecution law in 2018 on the confession and punishment system and the on-duty lawyer system,combining with the foreign on-duty lawyer system,on the basis of respecting China's unique national conditions and judicial characteristics,the basic theory of the on-duty lawyer system in China is.Analyze the operational difficulties at this stage,and then put forward constructive opinions on the duty lawyer system in China.The ambiguity of the on-duty lawyer's relevant norms has led to dispute about rights and positioning in theoretical practice.At this stage,the on-duty lawyer is positioned as a legal helper who undertakes part of the defense function and cannot enjoy the complete right to defense.According to the positioning and the need to perform their duties,they should be clearly given the right to interview and review,and the right to negotiate on sentencing.Clarify the connection between three kinds of legal aids in different stages.Based on the foreign experience Functional significance,we should propose the improvement of modern supporting measures such as the construction of network platforms.The perfection of the duty lawyer system in our country should be realized to give full play to the functional significance of the criminal litigation field.