| In 2018,the newly revised criminal procedure law of China established the system of confession and punishment.Under the general trend of criminal reform,the system is to adjust China’s judicial resources in the first place,and realize the purpose of focusing on trial for important cases so as to complete the separation of complicated and simple procedures..With the substantial improvement of litigation efficiency,protecting the legitimate rights and interests of the defendant has become a key issue in the reform.Under the implementation of the supporting simple and quick adjudication procedures,the duty lawyer system should come into being.In order to realize the popularization of criminal defense,we should think about the actual and necessary positioning of the duty lawyer’s role and function in the procedure of pleading guilty and admitting punishment,and think that the duty lawyer should be positioned as a role with the nature of defense,participation and professionalism,so as to realize the function of sentencing consultation,judicial supervision and fair protection,and give the same rights to the defenders,so as not to make them become the final judicial procedure To supervise the witnesses,or "partners" cooperating with the judicial system,for the purpose of implementing the guarantee,learn from the foreign duty lawyer system and apply it to the procedure of pleading guilty and admitting punishment in China,realize the significance of its existence,at the same time,in order to solve the influence of complicated cases on the service quality of duty lawyer,consider electronic sentencing assistance,and establish evaluation feedback mechanism to evaluate the work of duty lawyer In order to achieve the purpose of encouragement and improve the substantive defense in different stages,it is necessary to expand the substantive participation of lawyers in the process. |
