On The Function Orientation Of Duty Lawyers In China

The newly amended Criminal Procedure Law of 2018,which incorporates the formal duty lawyer system into the criminal procedure law,stipulates that the functions of duty lawyers are to provide legal advice to criminal suspects,defendants,suggestions for procedure selection,application for change of coercive measures,and advice on handling cases,and so on.Subsequently,the "two high and three departments" guidance on the application of the lenient system of confession and punishment issued in 2019 clearly pointed out the main content and specific rights of duty lawyers to provide legal assistance in the system of confession and punishment.However,the current legislation of our country is not clear about the specific legal position of the duty lawyer,which leads to the practice of the system It is difficult to play its due effect,there is a crisis of mere formality.This paper discusses the function orientation of duty lawyer from three angles: different case types,different litigation stages and whether or not to hire a lawyer,discusses the basic elements and variable elements which influence the function orientation of duty lawyer from the basic theory,then analyzes the problems caused by the unclear function orientation of duty lawyer by combining the legal text and practice experience,then analyzes the existing duty lawyer's orientation theory and function practice experience with the experience of foreign duty lawyer.The function orientation of teachers should adhere to three basic principles,including the orientation of duty lawyers should be special legal aid lawyers,the functional types of duty lawyers to determine whether they enjoy litigation rights,and should allow duty lawyers to be converted into defense lawyers.On the basis of not changing the position of duty lawyer,the author thinks that not every function should be given the right.The author thinks that there are four functions of duty lawyer,which are mainly the function of legal help before defense,the function of protection of rights,the function of negotiation of guilty plea,penalty and punishment,and the function of witness.and that the function of legal assistance before the defense may not be given the right of action.In the end,the author analyzes the function of the lawyer on duty in the case of different cases,different stages of litigation and whether to hire a lawyer.