Research On The Problem Of On-duty Lawyers Under The System Of Pleading Guilty And Punishing Leniency

The system of leniency of confession and punishment is a major reform of the criminal procedure system in China.To meet the practical needs of the current shortage of lawyer resources in China,in essence,it will be a litigation mode to promote the modernization of national governance system and governance capacity.According to the law,it is of great significance to effectively punish the crime and improve the efficiency of litigation to give the criminal suspect or defendant a simple procedure or a lenient entity.The leniency system of confession and punishment has a great influence on the procedure operation and system design of criminal procedure in the past,including the criminal defense system.The duty lawyer system is a very important part of the criminal defense system in our country,and as the legitimate guarantee of the leniency process of confession and punishment,it plays an irreplaceable important role in the leniency system of confession and punishment in our country.On October 26,2018,the leniency system of confession and punishment was officially incorporated into the amended Criminal Procedure Law of the people's Republic of China(hereinafter referred to as the Criminal Procedure Law).The duty lawyer system,as the related system of the leniency system of confession and punishment,has also been written into the revised criminal procedure law.On October 24,2019,the Supreme People's Procuratorate,together with the Supreme People's court,the Ministry of public security,the Ministry of national security and the Ministry of Justice(hereinafter referred to as "the two senior three ministries"),issued the guiding opinions on the application of the leniency system of confession and punishment(hereinafter referred to as "the guiding opinions"),which made clear and detailed the assignment and responsibilities of lawyers on duty.Judging from the judicial practice,there are some problems in the lawyer on duty system,such as the imperfection of the post system,the incomprehension of the duty lawyer's duties or the incorrect performance of his duties.First of all,this paper combs the development process of duty lawyer in China and grasps the development progress of duty lawyer in China.Secondly,the author has realized the important role of duty lawyer in the transition from leniency system to coordinated litigation mode from the three aspects of check function,safeguard function and assistance function.Thirdly,in the third chapter,the author analyzes the current problems of the lawyer on duty system in detail based on the guiding opinions of the two senior three departments.Finally,in the fourth chapter,under the background of the guidance,combined with other scholars' scientific analysis,the author further summarizesthe improvement path of the duty lawyer system in the context of the lenient system of confession and punishment.The short-term objectives include clarifying the duty lawyer's post qualification,the time to intervene in the lawsuit,and implementing the duty lawyer's right to participate in the lawsuit effectively The long-term goal is to make clear the future development trend of lawyers on duty,that is,to establish the development direction of lawyers on duty.The author will discuss the above issues,so as to correctly promote the effective implementation of the duty lawyer system,so that the criminal suspects and defendants can get effective legal help,and finally promote the smooth progress of criminal justice reform,and complete the smooth transformation of the consultative litigation mode under the background of the lenient system of confession and punishment.