Review And Perfection Of The Duty Lawyer System In China

Our country has achieved good results through many years of pilot projects,but there are still many problems that need to be resolved.This article collects a total of 2,000 lawyers on duty from 2019 to 2020.For criminal cases,we have counted the judgments of these cases,summarized some of the main existing in the system,analyzed its theoretical basis,learn ed from relevant experience outside the region,and finally put forward corre sponding solutions.The full text is divided into four parts:Firstly,through the statistical analysis of 2000 criminal judgments,to the on-duty lawyer system in practice.Including,nearly 90% of duty lawyers do not perform defense functions,and rarely perform supervisory functions.Their main task is to when they sign.The scope of the system is arrow,there are no obvious obstacles to the promotion to;the degree and the quality are low,and the channels for the conversion of the identities of on-duty lawyers and defenders are not Unblocked and other issues.Second part of is very good and is very okay procedural justice,effective defense,and theories of prosecution and defense balance.The third part is the reference of relevant experience outside the region.The reasons for choosing these countries are: the United States is the world’s largest country with a high level of rule of law and rich Japan and Japan my country is also a country with East Asian Confucian culture,and its telephone on-duty method has great reference value.After investigating and analyzing on-duty lawyer systems in these countries,combined with the relevant pilot experience in my country,we have summarized many enlightenments such as increasing the entry threshold for on-duty lawyers and broadening the channels for lawyers to help.The fourth part is the the main contents include: granting duty lawyers the principle,The duty lawyer system is applicable to all types of cases;specific plans are formulated to guarantee the rights of reviewing documents and interviews;while improving the form of telephone duty while exploring the form of online duty;appropriately relaxing restrictions on the conversion of duty lawyers to entrusted defense lawyers,etc.