Research On The Duty Lawyer System

Under the background of the vigorous development of modern rule of law,the public pays more attention to the concept of human rights protection and legal rights.The criminal legal aid system can provide prosecutors with financial difficulties and serious crimes with the opportunity to obtain lawyers' help.It is an important way to protect rights.However,due to the limited system service target,the defect of program design and the poor operation of the mechanism,The amount and quality of legal aid received by prosecutors is not optimistic.The duty lawyer system,as one way to provide lawyer services to clients,helps to strengthen the defense ability,maintain the equality of prosecution and defense,and has good judicial and social benefits.Although the duty lawyer system started late in China,it has developed rapidly in recent years,which has been gradually promoted throughout the country and has achieved positive results.However,in general,its development is not yet complete.Many issues regarding the duty lawyer system are still controversial,and practice lacks reasonable and effective model guidance.The main purpose of establishing the duty lawyer system is to implement the concept of respect and protection of human rights and to protect the litigant rights of the prosecuted.The duty lawyer system is still in debate in terms of role and function positioning.The general view is that it should belong to the scope of criminal legal aid,but in fact there are still micro differences between the duty lawyer system and the criminal legal aid system.Besides,in what capacity is the duty lawyer involved in the case? Is it a defense aide or a physical rights disposition agent? Does it have the basic right to defense? Issues such as the effective defense that extend from this need to be studied and clarified.In addition to the introduction and conclusion,this article is divided into five parts.The content of each part is summarized as follows:The first part analyzes the litigation value of the duty lawyer system.It mainly analyzes that the duty lawyer system not only has internal values such as promoting the criminal procedure justice,pursuing the efficiency of the litigation procedure,and protecting the litigant rights of the prosecuted,but also has the External values such as promoting the confession and punishment procedure and the expedited procedure.The second part is the theoretical analysis of the duty lawyer system.After sorting out the relevant provisions of the current legal norms the analysis on different theories ofthe role and functional positioning of the duty lawyer in this section aims to clarify that the duty lawyer should have the status of a defender and enjoy broader litigation rights to fully protect the defense rights of criminal suspects and defendants.The third part is the practical exploration and existing problems of the duty lawyer system.This part firstly introduces the development of the duty lawyer system in each stage of our country.Although the duty lawyer system is a "foreign product",which started late in China,but it has developed rapidly.It is of great significance to implement the concept of protecting human rights in criminal justice and to realize the litigation rights of criminal suspects and defendants.However,some problems in practice still need to be resolved urgently.The fourth part is the review and enlightenment of the overseas lawyer system,including Britain,Canada,Japan,Hong Kong and other countries or regions.Through introduction,the common features and characteristics of the duty lawyer system in various countries(regions) are summarized.Their experience,such as the need for duty lawyers to undergo strict selection and training,the variety of duty lawyer types,the operation of the duty lawyer system requiring the cooperation of multiple parties are worthy of reference.The fifth part is the completion approach to the duty lawyer system.Based on the analysis of the operation status and existing problems of the duty lawyer system in the pilot areas and practice in China,and on the examination of the overseas lawyer system,several suggestions for improving the duty lawyer system are put forward,including clarifying the identity of the duty lawyer,rationally assigning the litigation power of the duty lawyer;expanding the scope of the duty lawyer,and refining the approach of the duty lawyer,improving the protection mechanism of the duty lawyer,strictly selecting and training the lawyer on duty.