Consideration And Improvement Of The Duty Lawyer's Effective Participation In Criminal Cases

In recent years,China's judicial system has been constantly improved,people's legal awareness has also been improved,and the protection of criminal suspects' human rights has been paid more and more attention.In this context,the establishment of legal aid duty lawyer in criminal cases to give timely help to criminal suspects-that is,duty lawyer system was born.The operation of this system,can benefit more people,while answering the legal questions also publicized the legal knowledge.Since the establishment of pilot duty lawyer in China,all regions have been exploring the suitable duty lawyer system,discovering and solving problems in the continuous judicial practice.In the specific implementation process,the duty lawyer system can solve the problem that the accused is in a state of bewilderment until his defense lawyer is in place,and provide him with timely legal help.but is it "help" or "effective help" ? There is a big difference.How to ensure that the duty lawyer can provide the accused with the help they need,not just meaningless help? The most critical thing is to ensure that the duty lawyer can really participate in the whole case,understand the specific circumstances of the case,and use their professional knowledge to provide effective legal advice to the accused.This paper first introduces the criterion of effective participation of duty lawyers in cases and the value of effective participation in cases.After the data are collected through the judgment document network,to know the duty lawyers in China are still rarely involved in the cases of guilty admission;on duty lawyer widely participate in criminal policy background,the accused person can get the help of a lawyer is still not very ideal.After investigating the causes of the unsatisfactory effect of duty lawyers' effective participation in cases,the author puts forward the corresponding solutions.For duty lawyer system,It is necessary to proceed from reality,solve the concrete problems in the practice of the system,enables the system to better adapt to social development,exert its utility,for the majority of the public benefit,so that the system is no longer "providing nominal help",but "providing effective help".