Study On Duty Lawyer Systemin The Procedure Of Pleading Guilty And Pleading Punishment

The system of pleading guilty and lenient punishment is an important measure of China’s criminal justice reform,which is of great significance to optimize the allocation of judicial resources and improve the efficiency of litigation.In order to avoid possible erosion of the lawful rights and interests of the respondent by simplifying the procedure,and to realize the "simplification of procedures but not rights".In the system design,the duty lawyer is mainly used to protect the rights of defendant.The effective operation of the duty lawyer system is is the key to ensuring the fairness of the leniency process of pleading guilty and punishment.This article takes the duty lawyer system as the research object,based on theoretical research and empirical research,sorts out the existing research results and practical experience,finds problems and analyzes the reasons,and on this basis,proposes corresponding perfect ideas.The full text is mainly divided into the following four parts:The first part mainly sorts out the historian’s lens of the duty lawyer system and its development process in China,as well as its institutional value of guaranteeing the legitimacy of the leniency process of pleading guilty and punishment and maintaining the lawful rights and interests of the respondent.The second part focuses on the analysis of the problems and causes of the duty lawyer system in the leniency process of pleading guilty and confession in China.In the context of the leniency system of pleading guilty and punishment in China,the duty lawyer system has some problems such as imperfect rights notification procedures,obvious formal characteristics of duty lawyers participation,and poor process of providing legal assistance.The main reasons are the unclear definition of the role of duty lawyers,the vague definition of the function of legal assistance,the lack of connection mechanism for duty lawyers and the imperfect system supporting mechanism.The third part makes a comparative study of related systems in foreign countries.By comparing the inspects the duty lawyer scheme of Britain,the duty lawyer system of Canada,the duty lawyer service project of Japan and the assigned counsel system of America,draws the experience of building the duty lawyer system in our country,we can find out the duty scope of duty lawyers,we should fully protect the litigation rights of duty lawyers and perfect the supporting mechanism of system operation.The fourth part is based on the deficiencies in the duty lawyer system puts some suggestions to perfect it in our country.First we shall specify the role positioning of the duty lawyers.At present,it is generally believed that we should transform the duty lawyers into defenders,but the author think that there are "The two do not",on the one hand,lawyers’ resources and legal aid funds are limited in our country.On the other hand,this may lead to lawyers’ illegal practice.The author think that "the legal helper" is a reasonable positioning for duty lawyers at present.For this,it should be made clear that "legal assistance" is different from "legal assistance" in the criminal procedure law of 1996.And the duty lawyer’s "legal aid" should have the defense attribute.Secondly,it is necessary to strengthen the procedural protection.On the one hand,it is necessary to improve the procedure of rights notification,establish the work connection mechanism and the identity transfer mechanism.On the other hand,it is also necessary to specify the duty of duty lawyers in each litigation stage and endue and protect their necessary litigation rights.Finally,we should improve the supporting mechanism of the system,such as establishing the mechanism for the selection and appointment of duty lawyers and strengthening the mechanism for the guarantee of funds,so as to make the system play its value effectively.