Research On The Participation Of On-duty Lawyers Under The Background Of The System Of Plea Guilty And Punishing Leniency

In the process of criminal justice reforms in various countries,the protection of the rights of the prosecuted person has always been highly valued,and the continuous improvement of the legal aid system in various countries has been promoted.However,the legal aid system has unavoidable limitations in the process of institutional design.Breaking this limit and expanding the coverage as much as possible to all those who are unable to obtain professional legal assistance is the subject of legal aid reform.The operation of the duty lawyer system was born.Under the premise that the conditions of the defendant's economic conditions and types of crimes are not used as assessment criteria for assisting,the duty lawyer system can make up for the gaps in legal aid at all stages of the judicial operation in China,and provide free of charge for the involved persons involved in the case.The legal help protects its own right as much as possible during the judicial proceedings.In the process of another round of judicial reform that has begun in recent years in China,the extended system of confession,punishment,punishment,and punishment extending from the center of trials has,to a certain degree,eased the process of litigation in which the number of cases is small and the number of people involved is small and small,and the trivial process of trivialization is realized.The introduction of a wide system has imposed higher and more stringent requirements on the legal aid system.How to protect the original litigation rights of the defendant from infringement and the autonomy of the guilty and guilty conviction in the system of confession and punishment has become a system of confession and punishment.One of the important issues to be solved.The duty lawyer system provides institutional guarantees for lawyers to participate in the guilty,punishing and penalizing lenient system.This article uses this as a starting point to summarize the experience and lessons learned from practicing guilty pleas and penalties in the implementation of the pilot system,and emphasizes the necessity and importance of duty lawyers in pleading guilty confession and punishment.Sex.After analyzing the role of the duty lawyer in the guilty-punishment and punishment-widening system,he proposed his functions for the three sides of the prosecution,defense and review to make the duty lawyer's functions clear in the process of the system operation.A series of operational dilemmas arising from the misunderstandings of the case handling agencies and the inadequacies of the system's own rules were analyzed at the current stage.Attempts were made to adopt the rights protection mechanism,the internal and external work connection mechanisms,evaluation criteria and unified responsibility.Institutionalization of mechanisms,etc.,was established to find practical improvements.In order to ensure that lawyers on duty can participate more deeply in the trial of guilty pleas and penalties,the protection of procedural rights of litigants and other legitimate rights and interests,and the advancement of trial-centered criminal litigation reforms in a better direction.