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An Empirical Analysis Of The Operation Of Duty Lawyer System

Posted on:2021-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:P Y HeFull Text:PDF
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With the continuous development of the rule of law in China,the voice of protecting the legitimate rights and interests of the accused is rising and the voice of the people is boiling.The lawyer on duty system comes into being from time to time.Since the pilot implementation of the lawyer on duty system began in 2006,after continuous development and expansion,the corresponding achievements have been made and many problems have arisen in the process of practice.The duty lawyer system refers to the criminal justice system in which the state invests in the purchase of legal services,arranges lawyers to be on duty in detention centers,procuratorates,courts and other case handling organs,and provides basic legal assistance for criminal defendants.The universality,timeliness and foundation of service are the unique characteristics of the duty lawyer system.From the beginning of the pilot stage to the development stage,the national implementation of the last duty lawyer system rose to the law,all of which reflected the great value of the system.Specifically,the "first-time" legal help ensures the full exercise of the "independent defense right" and "bargaining defense right" of the accused;supervises the public behavior of law enforcement agencies,makes the litigation process "visible",promotes the fairness and justice of the case;transmits relevant legal knowledge,improves the awareness and legal awareness of the accused in their own litigation cases,and ensures the voluntary confession Penalty.This paper makes an empirical analysis on the operation of Duty Lawyer System in H District of C City from many aspects and angles by means of on-the-spot interview and questionnaire design.Through on-the-spot investigation of judicial organs,it is found that there are many problems in the operation of the system that need to be solved urgently,such as: the lawyer on duty is not on duty during working hours,the work enthusiasm is not good;the work quality and efficiency are difficult to assess;the work content is limited to simple legal help,and the performance of other functions is difficult to break through.Based on the overall situation,it is found that the realization of the function of H District duty lawyer system needs to be further improved.The main reason for the analysis of specific problems is that the specific normative documents donot clearly define the role and scope of rights,resulting in the lack of guidance of normative rules in the work of all parties.Secondly,the uncertainty of the selection standard,the irrationality of funds guarantee,and the lack of professional training and supervision and assessment make the work quality of lawyers on duty unable to achieve a "leap".Finally,the repetitive service content of the lawyer on duty,the negative cooperation of the judiciary and the imperfect coordination mechanism of the lawyer's multiple identity transformation procedure make the public have doubts about the nature of the lawyer on duty work,which leads to the lawyer on duty can not carry out the work efficiently and high quality.Therefore,in view of the above problems and reasons,this paper proposes to give the duty lawyer the role of quasi defender positioning,that is,according to the different stages of litigation to define the duty lawyer's identity.From the legislative level,it is clear that duty lawyers have the right to meet,to be present,to read papers,and to negotiate sentencing.At the level of management system,we should actively use the "Internet +" to create a new model of lawyer on duty service,break the geographical restrictions on personnel and raise the access threshold.Carry out ideological and moral training and professional skills training,and enhance the ability of lawyers on duty to solve difficult problems.Accept the direct supervision of the judicial organ and the society,adhere to the principle of survival of the fittest to assess the lawyers on duty.We should innovate the sources of funds,the ways of subsidies,and implement the contract system under the market economy.At the level of coordination system,we should create a "vertical" one-stop service mode,promote the construction of service integration,create an equal and win-win cooperation environment,realize the mutual restriction of all parties,and learn from foreign experience to establish a lawyer identity transformation mechanism in line with China's national conditions.
Keywords/Search Tags:Duty Lawyer, Defense rate, Role orientation, Quasi-defender
PDF Full Text Request
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