The Study On Duty Lawyer System Based On The "The Trial Center" Perspective

The Fourth Plenary Session of the Eighteenth Central Committee of the Party adopted the "Decision of the Central Committee of the Communist Party of China on Several Major Issues in Promoting the Rule of Law in an All-round Way" and put forward "promoting the reform of the litigation system centered on trial" As one of the basic functions in criminal proceedings,its effective guarantee is the key to the smooth operation of the trial-centrism reform.The establishment of the on-duty lawyer system is an important system that conforms to the reform requirements of "trial centralism" and lays the foundation for the realization of the substantialization of court trials.As a system of on-duty lawyers within the legal aid system,on-duty lawyers are organized by the government and take turns on duty in courts,procuratorates,the Ministry of Public Security and other agencies,with their unique "duty","universality",and "timeliness".Effectively guarantee the universality and effectiveness of legal aid for criminal suspects and accused persons,and then achieve the important goals of protecting human rights,achieving fairness and justice,and advancing judicial reform.However,the shortcomings of the duty lawyer system in our country are difficult to respond to the requirements of the reform of trial centralism,which has led to the problems of unclear positioning and unclear duties of the duty lawyers.From the perspective of trial centralism,the paper proposes to improve our country A series of measures for the duty lawyer system.The thesis is divided into six chapters.In addition to the introduction and conclusion,the following four aspects are mainly discussed:1.General inspection of the duty lawyer system.This part starts from reviewing the development history of duty lawyers in China,discusses the basic meaning of duty lawyers,and further analyzes the characteristics of duty lawyers from the distinction between duty lawyers and related concepts.At the same time,it analyzes the specific positioning of duty lawyers.2.The duty lawyer system and trial centralism.From the perspective of "demand" and "supply",this part proposes that there is a supply-demand imbalance between trial centralism and the on-duty lawyer system,that is,relative to the requirements of the trial center,there are "quality","quantity" and "implementation" Difficulties with "operation","rights" and "security".Starting from responding to the requirements of trial centralism,the system of duty lawyers needs to be improved.3.Investigation of foreign duty lawyer system.This part will further analyze its specific system regulations by investigating the more mature and perfect duty lawyer system in the United Kingdom,Canada and Japan,so as to provide a reference for perfecting the duty lawyer system in China.4.The perfection of China’s duty lawyer system based on the requirements of trial centralism.On the basis of analyzing the practical dilemma of China’s duty lawyer system,this part draws on the conditions of the foreign duty lawyer system,and proposes China’s duty from the aspects of duty lawyer positioning,duty lawyer’s responsibilities,duty lawyer team construction and related supporting measures Specific measures to improve the lawyer system.