Research On The Duty Lawyer System In The Leniency Procedures Of Pleading Guilty And Pleading

The system of pleading guilty,penalizing and punishing is a product promulgated under the background of the criminal justice reform under the new situation in our country.It is a procedural diversion system for criminal cases under the criminal policy of “temperance with harshness” to improve the efficiency of litigation in China.After two years of trial implementation of the system,the concept of on-duty lawyers was proposed in 2017.The purpose of this article is to study how to perfect the on-duty lawyer system according to the existing guilty-punishment and punishment system in the trial process of the leniency system,so as to adapt it to the system of confession and punishment.At present,many scholars in China have elaborated the system theoretically.With the promulgation of the “Opinions on the Development of Legal Aid Lawyers' Work”,there are not many studies in practice.The author hopes to pass the judgment documents.Surveys,studies and interviews with some judges to understand the operation of the system and to improve direction.The main research methods used are pilot study,comparative study and systematic research.The pilot situation study is to explore the practice of on-duty lawyer system through the implementation of the current pilot;The comparative study is to introduce the knowledge of on-site lawyers at home and abroad.It can learn from the advanced foreign lawyers on duty,and adapt to our criminal policies.Systematic research refers to the analysis of the lawyers on duty in various ways.Improve the relevant opinions.This article is divided into three major parts.The first part makes a clear conceptual definition of the on-duty lawyer system in China by introducing the background of the reform of the guilty,punishing and widening system and the relevant status of foreign lawyers on duty.The second part makes data analysis and typical case studies on the judicial precedents in the China Judicial Document Network and the Beijing University of Justice and Justice Bureau of Judicial Cases.It also analyzes the currentpractice in China in which the participation of duty lawyers is low,the role of litigation roles is blurred,and the effective defense rate is low.problem.The third part is based on the above-mentioned data and case analysis to propose suggestions on the dilemma of the duty lawyer system in the plea bargaining system.He hopes that the function orientation of the lawyer on duty,cooperation with other agencies,and detailed systems,etc.He proposed his opinions on the construction and perfection of the lawyer system on duty in the guilty,penalizing,and permissive system,with a view to perfecting the human rights protection in the leniency system in China's legal business.