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Study On The Duty Lawyer System In Criminal Procedure

Posted on:2021-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:X Y SunFull Text:PDF
GTID:2416330626462468Subject:Procedure
Abstract/Summary:PDF Full Text Request
With the rapid development of the market economy and the continuous advancement of the legal process,citizens' awareness of rights has continuously improved,in case of disputes and problems,priority will be given to resorting to legal means to safeguard their rights and interests,the role of lawyers in safeguarding rights has been paid more attention,which has led to an increase in demand for legal service personnel and increased dependence on lawyers.However,due to the limitations of the current legal aid system in China,some parties are unable to obtain timely and effective legal help to safeguard their legitimate rights and interests when their rights are violated.In this context,the duty lawyer system came into being,which made up for the deficiencies of the legal aid system in terms of application conditions and scope.It is more comprehensive and timely,and has achieved remarkable results in protecting human rights and safeguarding judicial justice,and in the criminal procedure law revised in 2018,the duty lawyer system was established for the first time in a legal form.With the gradual deepening of the reform of the judicial system in our country,the exposure of the shortage of legal talents and the increase of cases has further intensified the judicial pressure,and has put forward higher requirements to the lawyers on duty in terms of improving the litigation efficiency and ensuring judicial justice.However,the present duty lawyer system is facing problems such as insufficient litigation rights,inadequate safeguard measures and uneven qualifications.Therefore,in the face of such a realistic situation,we still need to continuously improve our duty lawyer system,so that the parties can obtain legal help comprehensively,timely and effectively.In view of this,this thesis will explain the connotation,nature and legal orientation of the duty lawyer system through in-depth analysis of the existing legal provisions concerning the duty lawyer system in China,and further explain the system value and function of the duty lawyer system in China,so as to promote the process of legalization and realize the comprehensive coverage of criminal defense.Duty lawyer originated in England and has achieved good development abroad.By introducing the excellent experience of duty lawyer systems in representative countries,the common features of duty lawyer systems in these countries are summed up,and their unique advantages are found.At the same time,the deficiencies in China's system development and the problems in the current system operation are exposed.Although the duty lawyer system is of great significance,as a newly developed system,there are inevitably some problems,such as insufficient litigation rights,unreasonable working mode,imperfect system guarantee mechanism and unsmooth operation mechanism,which are outstanding and difficult to ensure the effective performance of the system effect.This paper further points out the significance of perfecting the duty lawyer system in China and provides the basis for the perfection of the duty lawyer system in China in the future.At the end of this paper,the problems existing in the duty lawyer system in our country and the reference to the duty lawyer system in foreign countries are integrated.Combined with our country's national conditions and considering from the legislative and practical aspects,targeted suggestions and opinions are put forward for the improvement of the duty lawyer system in our country,so as to protect the judicial human rights,safeguard the legitimate rights and interests of criminal defendants and promote the reform process of the judicial system.
Keywords/Search Tags:Duty Lawyer, Legal Orientation, Litigious Right, Operating Mechanism
PDF Full Text Request
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