Empirical Research On The Duty Lawyer System In The Case Of Guilty Admission And Punishment Acceptation

From the beginning of the pilot program to the provisions of the Criminal Procedure Law,it has been almost four years since duty lawyers participated in the case of guilty admission and punishment acceptation.In practice,duty lawyers have played an important role in the implementation of the lenient treatment system of guilty admission and punishment acceptation.However,there are also some problems,which not only affect the duty lawyer's function,but also are not conducive to the guarantee of the willingness and authenticity of the accused's guilty admission and punishment acceptation.In order to make the system develop better,it is believed that the following three aspects should be improved after completing empirical research: firstly,the duty lawyer's function in the case of guilty admission and punishment acceptation should be positioned reasonably.Based on the background of our country's system and foreign experience,the duty lawyer should be positioned as a legal helper;secondly,the corresponding rights of the duty lawyer should be improved.From the perspective of guaranteeing the willingness and authenticity of the accused's guilty admission and punishment acceptation,they should be granted substantive rights such as the right to meet in advance,the right to read papers and the right to be present for interrogation;thirdly,the incentive and supervision mechanism of the duty lawyer should be improved.In order to improve their work enthusiasm and sense of responsibility,it is reasonable to improve the subsidies,sources,supervision and so on.