Study On Duty Lawyer System

The right of criminal suspects and defendants to obtain the help of lawyers is the key to guarantee the realization of their litigation rights.To this end,the criminal procedure law created the duty lawyer system.The establishment of the on-duty lawyer system is an inevitable requirement to promote the reform of China’s trial centered litigation system and an important supplement to China’s legal aid system.However,the on-duty lawyer in our country is in the initial stage,and the legislation is obviously out of step with the practice.This article is divided into four parts,to the practice duty lawyer system in China:systematically introduced in the first part focuses on duty lawyer system theory,by the meaning and characteristic of the lawyer system on duty,on duty lawyer system development course and the system in our country in the realistic significance of the establishment and development of our country and other parts,to introduce the duty lawyer system in our country,the importance of the development and perfection and applicable value;The second part mainly discusses the duty lawyer system operation problems and obstacles in the process,analysis of the basic rights does not reach the designated position,duty lawyer on duty lawyer cases participation is low,operation mechanism and single duty lawyer on duty system and disconnect between original mode of legal aid,on duty lawyer running the absence of security problems,such as material conditions,perfect measures to lay the foundation for system;The third part expounds the operating mechanism of the duty lawyer system in Britain,Canada,Australia and Japan,and compares the common ground of the operation of the duty lawyer system in relevant countries to find out the reference significance of the operation of the duty lawyer system in foreign countries to the development of the duty lawyer system in China.The fourth part focuses on the concept of perfecting the duty lawyer system in China.Before this part is the key of the paper,by combining the problems existing in the running on duty lawyer system in China and outside countries duty lawyer system of our country’s significance,on duty from safeguard basic rights,increasing the duty lawyer participation mechanism,rich,cohesion of legal aid system,ramming material conditions,etc,puts forward the proposals and Suggestions of perfecting our country’s duty lawyer system.