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Research On The Duty Lawyer's Right To Participate

Posted on:2021-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiFull Text:PDF
GTID:2416330605458737Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an important system in China,the duty lawyer system is an important measure in the reform of the judicial system,which plays a fundamental role in the implementation of the leniency system of confession and punishment and the application of the quick adjudication procedure.In order to maximize the function of the lawyer on duty system,we must give and fully guarantee the procedural right of the lawyer on duty to participate in the lawsuit effectively.Due to the late establishment of the lawyer on duty system in China,it is difficult for the lawyer on duty to play a substantive role in the implementation of specific cases.In terms of the reasons,there are not only factors that have no reasonable positioning for the identity of the duty lawyer,but also deficiencies in the protection of the duty lawyer's rights given by the current law.In order to realize the value of the duty lawyer system in restricting power,safeguarding rights and realizing judicial justice,the duty lawyer's identity defense must be defined as the guardian and given the corresponding procedural rights based on the defender's identity.This paper is divided into five parts:The first part:the general theory of Duty Lawyer's right to participate.This paper introduces and evaluates various theoretical views on the identity of duty lawyer,explains the concept and content of Duty Lawyer's right to participate,and expounds the important value of Duty Lawyer's right to participate.The second part:the right of foreign duty lawyers to participate in the investigation Through comparative law research methods,this paper introduces the effectiveness of the participation scope,time,way and right of lawyers on duty in Britain,Canada,Australia and Japan.On this basis,it points out the reference significance of foreign experience for China.The third part:the development and current situation of Duty Lawyer's participation right in China.Starting from the single pilot stage,the comprehensive implementation stage,the key construction stage and the final system establishment stage,this paper analyzes the specific content,implementation and guarantee of the right of lawyers on duty in different stages.The fourth part:the shortcomings of the legislation of Duty Lawyer's right to participate.The current law of our country is not clear about the identity of the lawyer on duty,which results in the limited right of participation given by law to the lawyer on duty,the insufficient financial guarantee for the lawyer on duty to exercise the right of participation,the low overall quality of the lawyer on duty,and the imperfect connection mechanism in different litigation stages,which results in the lawyer on duty not playing its due role in judicial practice.The fifth part:suggestions on improving the legislation of the right of lawyers on duty to participate.First of all,give the duty lawyer the identity of the defender;second,give the duty lawyer the right to read papers,meet with the right,sentencing consultation and other procedural rights;improve the connection mechanism of different litigation stages;finally,guarantee the duty lawyer's case handling funds,improve the overall quality of the duty lawyer,and improve the duty lawyer's assessment mechanism.
Keywords/Search Tags:Duty Lawyer, Participation right, Right to meet, Marking right, Sentencing negotiation right
PDF Full Text Request
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