Research On Duty Lawyer System Of Legal Assistance

The fairness and justice of the law,in some extent,depends on whether the law can safeguard the litigation rights of vulnerable groups,such as criminal suspects and defendants,and in which the role of lawyers is particularly important.However,in recent years,the defense rate in China’s criminal cases has been low,which means that a certain number of prosecuted persons who are behind bars have to face powerful investigative and public prosecution agencies alone.After the holding of the Fourth Plenary Session of the18 th Central Committee of the Communist Party of China,the country began the reform of judicial system.Without the participation of lawyers,a series of judicial system reforms will be in trouble and the rights of the prosecuted cannot be guaranteed.It is based on these difficulties encountered in the reform of judicial practice that the birth of China’s legal aid duty lawyer system was born.This paper will start with building a sound legal aid lawyer system on duty.Firstly,the related theories of the legal aid duty lawyer system are studied,and the concept and characteristics of the system and the value of implementing the system are analyzed and explained.Secondly,this paper selects Henan,Shanghai,Beijing,and Zhejiang as typical regions to explore the practical operation of the legal aid duty lawyer system.It also focuses on combing the system from four aspects: the setting of the lawyer’s workstation on duty,service content,selection and assessment standards,funding guarantees and subsidies.Based on the actual operating conditions,this paper deeply analyzes the problems in the practical operation of the duty lawyer system.Finally,this paper addresses the deficiencies in the actual operation of the current legal aid duty lawyer system and proposes specific solutions,such as the need to further clarify the positioning of duty lawyers,improving the system construction,unblocking the connection mechanism,granting specific litigation rights to duty lawyers,and improving supervision mechanisms program.