| On August 29,2017,the law,prosecutors,companies and departments jointly issued the opinions on the work of on-duty lawyers on legal aid.In the following October,a pilot program covering all criminal cases was launched in eight provinces,including anhui and sichuan.On January 21,2019,the supreme people's court(SPC),in conjunction with the ministry of justice,issued a pilot plan to expand the full coverage of lawyer defense in criminal cases to 31 provinces(autonomous regions and municipalities directly under the central government).It can be said that the duty lawyer system is a new system design that should be carried out in a lenient manner.Its function is not only a supporting measure of the lenient system,but also a requirement of leading the "first kilometer" of criminal defense.As an important force,the duty lawyer,to some extent,makes up for the absence of entrustment defense and compulsory defense in the case of guilty admission and punishment,and deeply implements the goal of "reducing procedures" but "not reducing rights".Based on guarantee the rights of the accused person on duty lawyer juxtaposed with an attorney appointed lawyer,become the important power of attorney for the whole design of system of plea forfeit specific applicable,in October 2019,two senior department issued by the "about applicable pleaded guilty to forfeit their greater guidance guidance system" has the important guiding significance.China began to explore the reform of the lenient system of admission of guilt and punishment in criminal procedure,and the system of duty lawyer as its supporting system caught the eye,which accelerated the transformation of criminal procedure mode.The transformation of litigation mode is a revolution of criminal justice system in China,which promotes the change of concept and cognition.In the opinion on duty lawyers,they have been given the right to meet and read papers,and the right to explore evidence in cases of guilty admission and punishment has been proposed,which provides a platform for prosecutors and duty lawyers to negotiate litigation.The further improvement of the system of guilty plea and on duty lawyer will make an indelible contribution to the modernization of China's governance system and governance capacity.The establishment and improvement of the duty lawyer system is helpful to protect the legal rights and interests of the accused.Academic circles at present the function orientation of the lawyer was on duty still debate,some scholars in and outside of the UK duty lawyer system,Canada on duty lawyer system after the comparison,proposed our country's duty lawyer system design should conform to the international trend,positioning it to simple legal helper,but so will have no way to meet criminal suspects to obtain effective legal help just demands,the duty lawyer system empty generalization,the attorney general on duty as the passive witnesses to forfeit their declaration this,should cause our attention.The accurate positioning of the duty lawyer is the cornerstone of the establishment of the duty lawyer system and the protection of the litigation rights of the duty lawyer.In judicial practice,there are some problems such as making the system of duty lawyers virtual,"witness" duty lawyers,poor implementation of duty lawyers' right to meet and review papers,and unclear function positioning of duty lawyers,etc.This paper takes the problems existing in judicial practice as the starting point and focuses on providing effective legal help for duty lawyers.We are in pursuit of the efficiency of lawsuit,should not be ignored lawsuit fair value,to "rectify" as the dominant idea,from the Angle of the response to the problems in the judicial practice,in order to "carrot and stick" "three strikes" laws,improve the duty lawyer reward assessment mechanism,to solve the problems of the duty lawyer enthusiasm is not high.Based on "effective defense" and "accuser-defense consultation",the problem of "work formalization" was solved. |
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