Research On Countermeasures Of Lawyer's Participation In Criminal Litigation

The duty lawyer system in China has been in legal form for more than ten yearsfrom the beginning of trials to the formal determination by the Criminal Procedure Law.The establishment and improvement of the system enabled many prosecuted persons who did not receive legal aid to obtain timely assistance.Compared to traditional criminal legal aid,the on-duty lawyer system has a wider coverage.Not only does it allow criminal suspects and defendants to get legal help in the time of investigation to the investigative stage,but it also allows them to get legal help from the court.Extend to the detention center.In addition,the on-duty lawyer does not need to worry about the financial status of the aid target and the alleged crimes,and can provide preliminary legal aid to the aid target quickly.At the same time,it should be noted that the duty lawyer system started late in China,and in practice there are some problems that restrict the effective exertion of the role of the lawyer on duty,and even greatly reduce the effectiveness of the practice of the lawyer on duty.How to ensure that lawyers on duty participate in criminal litigation,give full play to their functions as legal helpers for criminal suspects and defendants,and effectively protect the legitimate rights and interests of criminal suspects and defendants is still a practical issue urgently to be solved in China.Based on this,this article is based on China's criminal justice practice.By analyzing the problems and disadvantages of the duty lawyer system,this article proposes countermeasures and suggestions to ensure that duty lawyers participate in criminal litigation,such as expanding the lawsuit rights of duty lawyers at the legislative level.In terms of improving the supporting mechanism for lawyers on duty to participate in criminal litigation,the duty lawyers' work flow was refined,the cooperation mechanism of judicial organs was improved,and the combination of duty lawyers with leniency in confession and punishment,and rapid criminal ruling procedures were strengthened.