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Research On The Dilemma And Improvement Path Of On Duty Lawyer System

Posted on:2022-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y SongFull Text:PDF
GTID:2506306479986369Subject:Master of law
Abstract/Summary:PDF Full Text Request
The duty of lawyer system originated from the United Kingdom.Since it was introduced into China in 2006,it has not only made great contributions to the protection of human rights,but also actively promoted the reform of the judicial system,and has become a powerful weapon to balance judicial justice and judicial efficiency.The duty lawyer system has proved its value and superiority with practical actions.However,we still need to see that there are still many problems in the theory and practice of the duty lawyer system.The position of on duty lawyer is the premise of building the system of on duty lawyer.However,the position of legal helper seriously affects the function of on duty lawyer;Lawyers on duty need to take on the important functions of handling cases and sentencing suggestions,but the few litigation rights that lawyers on duty have now become obstacles to their functions.The sentencing negotiation function of lawyers on duty has gradually become a mere formality.In practice,it is often regarded as the witness of the accused signing the confession and the cooperator of the judicial organ,which also makes us ponder how the lawyers on duty can really play an effective role under the structure of asymmetric information;In addition,the time range of lawyers on duty to intervene in the case and the connection mechanism with defense lawyers are still in the legal blank,which seriously affects the efficiency and quality of the case;At the same time,the supporting system and safeguard measures are not perfect,resulting in the uneven quality of the lawyers on duty and the perfunctory negative work attitude.These problems in theory and practice have become the defects that hinder the development of the lawyer on duty system.It is urgent to solve the dilemma faced by the duty lawyer system.We need to pay close attention to the future development direction and path of the duty lawyer system.The duty lawyer's functions of defense,consultation and supervision determine the position of the defender.It is necessary to promulgate laws to express the position of the duty lawyer's defender;At the same time,the duty lawyer's defense function should be strengthened and the necessary right of defense should be given;At the same time,we should constantly clarify and improve the intervention time range of the lawyers on duty and the connection mechanism with the defense lawyers,so as to complete the transformation of the effective defense function of the lawyers on duty.Finally,in order to guarantee the work quality of lawyers on duty and improve the work enthusiasm of lawyers on duty,we must improve the corresponding supervision mechanism and guarantee system.Therefore,this paper focuses on the dilemma faced by the theory and practice of the duty lawyer system,and puts forward the long-term development direction and path on this basis,hoping to provide theoretical support for the construction of the duty lawyer system.
Keywords/Search Tags:duty lawyer, defense lawyer, legal helper, guilty plea, sentencing negotiation, defense
PDF Full Text Request
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