A Study On The System Of Duty Council In China

The duty counsel system,originated in the United Kingdom,has been basically popularized all over the world.In 2006,China introduced the system for the first time for pilot exploration.Although we have made some achievements and experience in the follow-up pilot work,at the same time,we have also exposed various problems in the development of duty counsel system in our country.After 12 years of exploration and development,the duty counsel system was formally written into the criminal procedure code of China in 2018.This means that this system will continue to develop in depth and play an important role in the judicial system.In addition,in the context of the continuous promotion of criminal justice reform and criminal defense coverage,this system needs to be further reformed and refined,and the problems encountered in its development also need to be solved.Therefore,in this paper,on the basis of discussing the basic theory of the duty counsel system,investigating the experience of overseas development and summarizing the practice of our country,the development and improvement of the duty counsel system in China are studied from two aspects of legal provisions and judicial practice.In the paper,it is divided into following five chapters.In the first chapter,this part summarizes the meaning and content of the duty counsel system,compares the current academic definitions of the duty counsel system,discusses the value of the implementation of the duty counsel system in China to protect the rights of the parties,maintain judicial justice and promote judicial reform,and briefly compares the characteristics of the duty counsel system and the legal aid lawyer in China.In the second chapter,Japan,Canada and the United Kingdom are selected as the representative countries to investigate the operation of the duty counsel system.From the content and mode of each country's duty counsel system,its characteristics and experience are then summarized,which provides a space for thinking about how to solve the problems encountered in the development of our country's duty counsel system.In the third chapter,the history of the development of the duty counsel system at the level of legislation and practice is summarized,and the development of the two levels is summarized.In the fourth chapter,based on the analysis of the third part of the legislation and practice of our country's duty counsel system,it points out the problems existing in the development of our country's duty counsel system,including the problems of the right of duty counsel and the difficulties in the practice operation,and analyzes the causes of these problems.In the fifth chapter,based on the above-mentioned problems and reasons,the paper gives some suggestions on the development and improvement of the duty counsel system from following five aspects: improving the power of the duty counsel,improving the security system of the duty counsel,improving the quality of the team of the duty counsel,establishing and perfecting the supervision mechanism of the duty counsel system,and improving the connection of the duty counsel in each stage of the case.