| The duty lawyer system is an important measure of criminal justice reform in China.Its effective promotion has a great significance for perfecting the legal aid system,guaranteeing the confession of “ the confessing to crimes and accepting punishments”,and promoting the full coverage of lawyers in criminal cases.At present,the remarkable achievements in the development of the duty lawyer system are worthy of affirmation and summary.The problems exposed in the practice process also need to be explored and put forward practical solutions.This paper takes the duty lawyer system as the research object,based on the theoretical and empirical research,combing the practical results,discovering the problems and thinking about the causes,on the basis of which the corresponding perfect ideas are put forward.In addition to the introduction and conclusion,the full text is divided into four chapters:The first chapter is an overview of legal aid duty lawyers.This chapter first explains the concept of duty lawyers to clarify the objects and their connotations in this paper.Secondly,through comparative analysis of the differences between duty lawyers and legal aid defense lawyers in terms of service objects and service contents,the lawyers on duty are summarized.It provides the characteristics of timely help,wide-ranging service objects and preliminary content of services,so as to define the research objects more comprehensively and clearly.Finally,from improving criminal defense rate,serving judicial reform needs and promoting legal aid system Threeaspects of diversification analyze the necessity of perfecting the lawyer system on duty.The second chapter is a summary analysis of the current situation and problems of the legal aid duty lawyer system in China.This chapter focuses on the practical results of the duty lawyer system and the existing problems.In terms of institutional achievements,we have sorted out the outstanding achievements in the legislation,practice and local innovation of the duty lawyer system since the pilot of the criminal quick procedure.In terms of institutional inadequacy,we pay attention to the fact that the duty lawyers are not clear.The roles are not clear,the rights and responsibilities are not matched,and the legal help effect is blurred.The causes of these problems include not only historical factors,but also the main reasons are the unclear expression of the normative text,the deviation of judicial practice understanding,and the corresponding institutional guarantee mechanism.Lack of demand,etc.,also pointed out the direction for the system improvement path.The third chapter makes a brief investigation of the extraterritorial duty lawyer system from the perspective of comparative research.Firstly,it introduces the experience and beneficial practices of the duty lawyer system in the United Kingdom,Canada,Australia and Japan,and pays attention to the problems in the process of system development.Secondly,it briefly analyzes the basic theories of the origin of the national duty lawyer system.It defines the extraterritorial background and value concept of the system.At the same time,it summarizes the five common characteristics of the extra-territorial duty lawyer system.These characteristics are the contents worthy of reference in the process of internationalization of the duty lawyer system in China.Finally,this paper proposes While extensively drawing on the useful experience of the extra-territorial duty lawyer system,it should pay attention to the different judicial reform backgrounds,the realistic needs of improving the criminal defense rate,and the imperfect system supporting mechanism..The construction of the duty lawyer system in China should not only follow the general experience of extraterritorial practice,but also improve the internationalization level of the duty lawyer system.At the same time,it should also be based on the current situation ofcriminal litigation development,meet the realistic needs of the legal aid system,and realize the construction of the duty lawyer system.localization.The fourth chapter puts forward the corresponding perfect path for the construction of the legal aid duty lawyer system in China.First of all,the duty lawyer system is essentially to make up for the lack of coverage of the defense defense and legal aid defense,and the lack of lawyers' help.It is realistic and reasonable to define the role of the legal lawyer.In the process of revision and improvement of the future criminal procedure law,it is recommended that the “duty lawyer” be legislated as a new litigation participant.Secondly,after clarifying the role of duty lawyers,this paper proposes to improve the duty lawyer system in four aspects: rights,responsibilities,benefits and supporting guarantee mechanisms.Among them,in the aspect of “responsibility”,it is necessary not only to pay attention to the research on the legal duties of duty lawyers,but also to pay attention to the legal liability issues in the process of duty lawyers' duties;in terms of “rights”,the Criminal Procedure Law was amended in 2018.Deliberately assigning the necessary litigation rights required for duty lawyers to perform their duties,but it is too abstract in terms of provisions.It is recommended that the duty of the duty lawyers and the right to read the duties be clearly defined in the process of judicial interpretation of the criminal procedure law,and that the duty of the duty lawyer is confirmed.Therefore,the legal help of duty lawyers is more substantive;in the "profit" aspect,it is necessary to improve the compensation mechanism for duty lawyers,and at the same time allow duty lawyers to turn into entrusted lawyers in the course of follow-up litigation activities,thereby stimulating the enthusiasm of duty lawyers for legal assistance.And promote the improvement of service quality;finally,in the construction of the system guarantee mechanism,it is necessary to strengthen the construction of the duty lawyer business training system,improve the quality supervision mechanism of duty lawyers' legal help,and pay attention to the important role of electronic technology in promoting the development of the duty lawyer system. |
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