| With the reform of the system of admitting guilty with lenient punishment,duty lawyer principle in china has been promoted.Duty lawyers are seen as a relief way to get through the “last mile” of legal aid for the parties.Whether they can effectively participate in the case of admitting guilty with lenient punishment can be said to be a symbol of the success of the reform of the system of admitting guilty with lenient punishment.So duty lawyers are of extraordinary significance.However,in judicial practice,there are disputes over the position of duty lawyers and their rights are not set up uniformly.There are many problems in how duty lawyers effectively participate in cases of admitting guilty with lenient punishment.Based on the analysis of the relevant theoretical issues of duty lawyer system,the current judicial practice and relevant regulations in the pilot areas,this paper further explains the duty lawyers if they effectively participate in cases of admitting guilty with lenient punishment,and shows their views.In addition to the introduction and conclusion,this article is divided into four parts.The first part introduces the academic circle through a case of duty lawyer published by the Ministry of Justice.The pilot unit has different views on duty lawyer,which focus on the positioning and rights setting of duty lawyer.The second part mainly discusses the basic theory of the relevant system,including the meaning and significance of the system,the evolution of the duty lawyer system,the current regulations and relevant functions,making a distinction between the duty lawyer and legal aid,and points out the value of duty lawyer to the system.At the same time,this part lists the academic disputes over the definition of the identity and function of the lawyer on duty.The third part is the focus of this article.Based on relevant theories and combined with cases,the author discusses the position and right exercise of duty lawyers in judicial practice and points out the existing problems and points out his own views.On the basis of the above analysis,the fourth part tries to put forward perfect suggestions on how to make the duty lawyer effectively participate in thecases of admitting guilty with lenient punishment,it needs to clearly position the duty lawyer as a special defender,its function should be the supervisor of the proceedings,and at the same time,the duty lawyer should be given the right of meeting and marking,and the duty lawyer should exercise the “ right to be present” and sentencing negotiation after full meeting and marking.At last,the paper puts forward the necessary ways for the relevant departments to guarantee the right of duty lawyers to participate in the pre-trial procedure and the way to improve the self-protection system of duty lawyers,especially the establishment of commune duty lawyers. |
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