Research On The Duty Counsel System Of Legal Aid In China

With the comprehensive promotion of judicial reform policy,China's legal systems are constantly revised and optimized,and the establishment of legal aid on duty lawyer system is one of the very important measures.Legal aid on-duty lawyer system,refers to the people's court,detention centers and other places to be stationed on duty lawyers,for criminal suspects,criminal defendants to provide legal advice,procedural choice,application for change of coercive measures and other legal assistance.The on-duty lawyer system can protect the legitimate rights and interests of the accused,save judicial resources and improve judicial efficiency,and then play the role of promoting judicial justice.Through the theoretical analysis of the legal aid lawyer system,this paper tells the historical origin and development status of the lawyer system on duty,draws inspiration from the implementation of extraterritorial countries,and analyzes the existing problems of the system according to the practice of the duty lawyer system in our country,analyzes the existing problems of the system and makes some suggestions.For our country's legal aid on-duty lawyer system can better implement in the domestic to provide favorable measures.The first part of this paper mainly introduces the meaning and characteristics of the on-duty lawyer system,analyzes the historical origin and development status of the on-duty lawyer system,and clarifies the necessity of establishing the system of lawyers on duty in China.The second part is the investigation and analysis of the system of lawyers on duty outside the domain.By introducing the system of duty lawyers in Britain,Japan and New Zealand,we can draw the beneficial enlightenment that can be used for our country's reference.The third part is the practice of the legal aid lawyer system in our country to explore the course,and the implementation of the duty lawyer system in the process of the problem stoist analysis,found the shortcomings and problems.The fourth part mainly focuses on the problems in China's on-duty lawyer systemto put forward targeted suggestions,from many aspects of consideration,and learn from the beneficial experience of other countries,to build a perfect legal aid lawyer system belonging to our country.