Font Size: a A A

The Lawyer On Duty Under The System Of Plea Guilty And Punished Effectively Helps Research

Posted on:2021-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:W LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The confession of confession and punishment system has been the focus of China's current judicial reform and criminal procedure legislation.Improving the efficiency of litigation through confession and punishment is an important goal of this reform.The on-duty lawyer system was established to guarantee procedural justice and prevent the trend of confession and punishment from leniency to justice to low efficiency.At present,we should focus on the effective assistance of duty lawyers in order to ensure that criminal suspects and defendants make voluntary and truthful choices of confession and confession on the basis of enjoying basic human rights.The first part makes a theoretical analysis of the duty lawyer system.The duty lawyer system is the product of the development of the judicial system to a certain historical stage,which first appeared in the United Kingdom.Due to the surge in the number of criminal cases in China,improving the defense rate of lawyers in criminal cases is an important indicator of the effectiveness of the trial-centered reform of the criminal procedure system,and the effective goal of reforming criminal cases is the ultimate goal of the reform.The on-duty lawyer system in our country has been trialed and launched against the background of the trial of expedited procedures and the confession and punishment case system.It has special characteristics.Due to the change from the adversarial mode to the cooperative negotiation,the trial procedure was simplified,and the focus of confession cases was shifted from trial to pre-trial.The duty lawyer's role also changed,and the traditional court defense moved to pre-trial legal assistance.,Such as legal advice,procedural choices,witnessing the legality of proceedings,and participating in sentencing negotiations.In addition,the duty lawyer also has the function of witnessing a confession and confession,which guarantees the voluntariness and authenticity of the pleaded guilty,and effectively supervises the litigation process.This part analyzes the duty lawyer system in China under the peculiarity of the confession and punishment system.At the same time,it combines the connotation of effective defense,comprehensive behavior theory and result theory,and expounds the concrete embodiment of effective legal help for duty lawyers.The solution provides theoretical groundwork.The second part analyzes the current status and dilemma of the lawyers on duty.Through empirical research,to understand the situation of median lawyersparticipating in confession and punishment cases in some pilot areas.Collect relevant questions through interviews.For example,the effect of the duty lawyer's participation in sentencing negotiation is not obvious or even lacking;the legal help provided by the duty lawyer is not accurate and timely,leading to formalization of the help;the duty of reviewing and interviewing lawyers are not implemented properly,and the case is not comprehensive enough Understand;the witnessing of duty lawyers is obvious.This reflects several issues of the duty lawyer's passive involvement in the case,witnessization and lack of consultation.Under in-depth analysis,due to the unclear role of the duty lawyer and unclear functions,it is impossible to participate in confession and punishment cases in practice and implement effective legal assistance.In addition,the duty lawyer's right to read the papers and meetings was not implemented properly,and the lack of core rights such as sentencing consultations led to the failure of duty lawyers to perform their duties,so that legal help was in the form.The third part is the extra-territorial inspection of the effective legal assistance of the duty lawyer.The article analyzes the duty lawyer system in the United States,Britain,Japan,and Canada,and summarizes the significance of reference.The fourth part is to analyze the path of effective help for duty lawyers under the leniency system of confession and punishment.First of all,it is clear that the duty lawyer is a special legal helper in the role positioning.Secondly,at the level of rights,the duty of reviewing and meeting the lawyers on duty is given and detailed,and an intelligent platform is built to make it practical in practice.Secondly,it is clear that the core right of the lawyer on duty is the right of sentencing negotiation,allowing the duty lawyer to substantively participate in the case of confession and confession,and dynamically negotiate the sentencing with the procuratorial organs to fully realize the information communication,so as to propose precise sentencing suggestions.The duty lawyer needs to take the initiative to intervene in the case to understand the facts of the case and provide timely and effective help for the prosecuted,rather than becoming a formal witness.In addition,the case-handling agency needs to perform the notification obligation in a timely manner,and notify the duty lawyer as soon as possible to prevent delay in intervention,which will affect effective help;establish a judicial review mechanism for the duty lawyer to effectively help,clarify the legal consequences of sanctions,and promote the duty lawyer to perform his duties properly.Finally,improve the duty lawyer selection mechanism,strengthen training,improve the funding guarantee mechanism,improve the overall practice level of duty lawyers,and build a high-quality and high-quality duty lawyer team.
Keywords/Search Tags:duty lawyer, confession and confession, effective help, sentencing negotiation
PDF Full Text Request
Related items