Research On The Duty Lawyer System

With the implementation of the leniency system of confession and punishment in China and the adaptation to the trend of judicial reform,the system of the duty lawyer came into being and was established.At present,the research on the duty lawyer system is developing further in China.It is of great significance for the theoretical and judicial fields to have a deep understanding of the duty lawyer system,explore the system composition of the duty lawyer system,and discover the important role and existing problems of the duty lawyer system in practice.The system of duty lawyer in China is the system with Chinese characteristics.It is the result of the judicial protection of human rights developments and the expression of the enrichment and perfection of the criminal legal aid system.We have to correctly know the system of duty lawyer and its components which includes normative basis,service objects,job responsibilities and management supervision in China.There are a lot difficulties in the practice of duty lawyer system,for example,duty lawyers can not enjoy the rights related to defense and have less social recognition,the legal help is merely left as a formality.The allocation of resources is inadequate and lack of procedural guarantees;The supporting selection training mechanism and incentive supervision mechanism have not been established yet.By learning from foreign system of duty lawyers,we should ensure the professionalism and enthusiasm of duty lawyers and ensure the effective operation of the system through strict procedural guarantee and reasonable distribution.In legislation field,the duty lawyer should be given the marking right and the meeting right,besides,the existing work functions of the duty lawyer should be implemented.To enhance the social recognition of the duty lawyer,and ensure the effective operation of the duty lawyer system by optimizing the resource allocation and strengthening the procedure guarantee.At the same time,formulating the supporting guarantee mechanism of the duty lawyer.