| China’s duty solicitor system draws on the experience of foreign systems,combined with China’s actual criminal procedural environment,and undergoes preliminary pilots to comprehensive tests and then forms institutional measures,and was finally fixed by the Criminal Procedure Law in 2018.Through the analysis of the data in the existing literature,we can see that there are many cases that the duty solicitors in China need to take over at present,but the number of lawyers and the energy of the lawyers are limited.Therefore,it is difficult at this stage to provide the defense lawyers to provide the defendant with court defense services directly.That is,the identity transformation from duty solicitor to defense lawyer.In order to promote the full coverage of the defense of lawyers in criminal cases and the realization of effective defense,a work connection procedure between the duty solicitor and the defense lawyer should be established.However,there is currently no procedure for linking the work of duty solicitors and defense lawyers.This problem is mainly manifested in the unclear and unmatched content of the work connection;the inappropriate operation body of the online platform,the lack of effective communication between the duty solicitor and the defense lawyer,and the insufficient connection method;the current provisions of the connection guarantee procedure are insufficiently targeted and incomplete.The reason for the problem is on the one hand the lack of legal norms;on the other hand is the alienation of the role of duty solicitors.The completion of the construction of the work connection procedure should be carried out from the aspects of the establishment of the work connection principle,the content of the connection,the method of connection,the work handover process and the connection guarantee procedure.First,the principle of linking procedures should be based on the eligible subject,equal efficiency and the protection of legal rights and interests,clear relationships,and the guarantee of full coverage of lawyers’ defense in criminal cases.Second,the connection content includes the work completed by the duty solicitor and the defense lawyer in the connection procedure.For different content,the form connection or substantive connection should be carried out according to the requirements.Third,the combination of online platforms,paper dossiers and communication between defense lawyers and duty solicitors as a method of work connection.Fourth,set up a handover process in accordance with the three stages of pre-intervention by defense lawyers,intervention by defense lawyers,and exit of duty solicitors.Fifth,the connection guarantee procedures include evaluation,reward and punishment,and remedial procedures.Through the evaluation of the difficulty of the case,the participation of the lawyer,the degree of cooperation between the duty solicitor and the defense lawyer,and whether there is a downshift situation,the performance of the duty solicitor and the defense lawyer in the connection process is evaluated.Reward and punish duty solicitors and defence lawyers according to the corresponding standards.If there is a problem that damages the rights of criminal suspects and defendants,it should be remedied.The construction of the work connection procedure between the duty solicitor and the defense lawyer can make the current duty solicitor system in our country run more smoothly,and it is also conducive to safeguarding the legal rights and interests of criminal suspects and defendants,and helps to further implement the full coverage of lawyer defense in criminal cases. |
