| The on-duty lawyer system is a system created on the basis of human rights protection principles.It has been incorporated into the Criminal Procedure Law through the implementation of pilot work in some regions and is recognized in the form of national legal provisions.It is a criminal justice system implemented nationwide,and It has made a positive impact in China’s judicial practice.The system protects the legal rights of criminal suspects and defendants by providing legal assistance;it prevents judicial personnel from overseeing the criminal investigation rights in the process of handling cases,and promotes the balance of prosecution and defense;through resource allocation The optimization has improved judicial efficiency and further meets the needs of criminal justice reform.Judging from the relevant normative documents currently issued and the revised "Criminal Procedure Law" at the national legislative level,or from the relevant experience gained in various pilot areas,the on-duty lawyer system has some impacts in legislation and judicial practice.The problem of better system operation.China’s duty lawyer system has certain deficiencies in the role positioning of lawyers,rights notification procedures,entitlement of rights,limitation of litigation rights,connection of lawyers,funding guarantee,supervision system,etc.The successful experience of some countries outside the region can provide a reference for our duty lawyer system.Starting from the actual situation in China and drawing on extraterritorial experience,the identity of the "limited defender" of duty lawyers should be determined from the theoretical differences;the rightsnotification procedure of the case-handling authority should be specified,and the legal consequences of non-performance should be established;The right should be rationally planned and clearly conferred in the legislation to improve the efficiency of litigation;the procuratorate ’s duty place for on-duty lawyers should be clearly stipulated in the legislation;the selection and training of dual-talented talents with both law and psychology;perfect on-duty lawyers ’fair and reasonable subsidies Standards,additional monitoring measures such as online complaints or post-mortem evaluations,and the establishment of systemic training mechanisms and other supporting facilities have put the duty lawyer system into practice and ensure the effectiveness of the legal assistance of duty lawyers. |
