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The Research On Duty Lawyer System Of Criminal Legal Assistance

Posted on:2021-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:M E ZengFull Text:PDF
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With the introduction of the 2018 Criminal Procedure Law Amendment,the duty lawyer system has greater room for development.The criminal legal aid duty lawyer system has been piloted in some areas in the past and is now fully implemented across the country,which guarantees the legal rights and reasonable demands of the person being prosecuted,and further improves the quality of handling criminal cases in China.With the continuous development of the duty lawyer system,many problems have begun to be exposed in the practice of various places.In this regard,this article conducts a more in-depth study of the criminal legal aid duty lawyer system,with a view to analyzing the problem and putting forward some standardized suggestions for solving the problem.The duty lawyer system is characterized by its gratuitousness,emergency response,and wide range of audiences,and it provides assistance for the promotion of the leniency system of pleading guilty and punishment.With the deepening of research and analysis,it is found that the criminal legal aid duty lawyer system has made considerable contributions in expanding the coverage of legal aid,restricting the power of criminal investigation,maintaining the justice and efficiency of criminal proceedings,and achieving equality in criminal prosecution.Of course,at present the duty lawyers still have corresponding problems in the process of performing their duties,such as the lack of basic rights.This is the most criticized by scholars.Scholars believe that the lack of basic rights for duty lawyers will affect their role as envisioned by lawmakers.To this end,in the practice and development of the criminal legal aid duty lawyer system,legislators began to improve the system,including gradually granting duty lawyers certain rights.According to the "Guiding Opinions on the System of Confession of Punishment and Punitive Punishment"(hereinafter referred to as the "Guiding Opinions")jointly issued by the two houses and three departments in October 2019,the author summarizes the highlights of the on-duty lawyer system.The new highlights of the criminal legal aid duty lawyer system at this stage are as follows: the duty lawyers are clearly stipulated toenjoy the basic rights including the right to comment on sentencing suggestions,the right to review the documents,the right to interview,etc.More detailed regulations have been made in terms of resource allocation and contact methods of the on-duty lawyers,so that the on-duty lawyers can better understand the case and facilitate the legal assistance work.Of course,there are still other issues to be resolved in the criminal legal aid duty lawyer system itself.For example,whether the duty lawyer should be given the right to defend in court.With regard to the management mechanism of the on-duty lawyer system,such as the selection criteria of the on-duty lawyers,the training of the on-duty lawyers,and the supervision and management of the on-duty lawyers,the relevant laws and regulations currently provide relatively rough rules and so on.The duty lawyer system originated in the United Kingdom and has been widely used in the world.Compared with more than ten years of development experience in China,the on-duty lawyer system outside the territory has richer experience and is worthy of our in-depth study and reference.To this end,in this article,the author selects the country with a relatively developed off-duty lawyer system as the object of this subject research and analysis,and studies the rights scope and supervision mechanism of the on-duty lawyer,in order to be able to provide duty for criminal legal assistance The improvement of the lawyer system makes its own contribution.Through excavating the problems of our criminal legal aid duty lawyer system and comprehensively studying the off-duty lawyer system,the author has some new ideas for our criminal legal aid duty lawyer system.Based on the basic national conditions of our country,the author The increase of basic rights and the improvement of the management system of the on-duty lawyers have put forward some suggestions in order to further improve our criminal legal aid on-duty lawyer system.
Keywords/Search Tags:legal aid, duty lawyer, litigation rights, regulatory mechanism
PDF Full Text Request
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