A Research On Duty Lawyer System In Plea And Plea Procedure

The guilty plea punishment procedure is a special processing procedure applicable to the case of the pleaded guilty pleading guilty.The premise is that the respondent voluntarily pleads guilty.Constructing the legal aid duty lawyer system is the need for the development of the leniency system of pleading guilty and punishment,and there is a synergistic relationship between the two.Based on the development status of the duty lawyer system in China,this article analyzes the role,rights and responsibilities of the duty lawyer,clarifies the value of the duty lawyer system in the confession and punishment process,and also finds the problems in its operation and draws on Successful experience outside the region,put forward suggestions to improve and perfect the system of duty lawyers.The thesis is divided into four chapters,the main contents are as follows:The first chapter first briefly introduces the origin and legislative status of the duty lawyer system in China,compares it with the existing defense lawyers and legal aid lawyers,reveals the similarities and differences between them,and then clarifies the duty lawyers Is positioned as a legal helper,and briefly analyzes the relationship between the on-duty lawyer system and the full coverage of criminal defense;finally,the legal value of the on-duty lawyer system is clearly defined,which mainly includes the guarantee of the voluntariness of the prosecuted person to plead guilty and punishment;Defects of the system;and improve the efficiency of litigation in cases of confession and punishment.The duty lawyer system is of great significance to further improve our legal aid system and criminal defense system.The second chapter discusses the existing problems of the duty lawyer system in China's plea confession and punishment procedures.Since the introduction of the duty lawyer system,it has been continuously improved through legislation,and has achieved many results in the continuous exploration and practice of each pilot,but there are still certain problems that need to be resolved.This mainly includes the lack of uniform entry thresholds for duty lawyers,the lack of smooth connection withdefense lawyers and legal aid lawyers;the legal assistance provided by duty lawyers is not effective;and the lack of effective supervision mechanisms for duty lawyers.By pointing out the above problems,it is helpful to clarify the next improvement direction of our duty lawyer system.The third chapter introduces the duty lawyer system outside the region,and selects three countries,Britain,Canada and Japan,to investigate the duty lawyer system of these countries through comparative research.After introducing the duty lawyer systems of the three countries separately,the commonalities and useful experiences in the operation of the duty lawyer system are extracted for our country's reference.At the same time,it also briefly pointed out the problems exposed by their duty lawyer system in their respective development and operation.Some problems are also being faced by our country,which requires the joint efforts of all countries ruled by law and seeking serious solutions.The fourth chapter is the suggestion to perfect the duty lawyer system in the confession and punishment procedure in our country.One is to improve the supporting mechanism of the on-duty lawyer system,including increasing the investment of on-duty lawyers;improving the qualification admission,assessment and supervision mechanism of on-duty lawyers;strengthening the business training of on-duty lawyers,etc.;Under such circumstances,the duty lawyers should be given the necessary litigation rights,including the right to investigate and obtain evidence,the right to interrogate the suspect 's presence,and the right to participate in sentencing negotiation in cases of pleading guilty.The third is to ensure that the on-duty lawyers provide effective legal assistance to the prosecuted.It is necessary to clarify the time for the on-duty lawyers to intervene in the confession and punishment cases to achieve effective connection;to clarify the duty and legal responsibility of the on-duty lawyers.