On The Protection Of Legal Aid Duty Lawyer’s Litigation Rights

The legal aid on duty lawyer system started in 2006,but in 2014,the system was built in depth.So far,it is just six years.But as the key point of judicial system reform,the relevant state organs have issued 11 normative documents to design the system in six years.On the one hand,the introduction of a large number of normative documents makes the soil of the system less barren,and it promotes the system to take root in China in a way of coercion.The number of legal aid workstations,the number of cases received and the scope of assistance are expanding year by year.More and more people are provided with the services provided by the lawyers on duty of legal aid.By the end of 2018,73957 legal aid workstations have been set up nationwide,including 39526 established by the judicial office,2526 in the detention center,3117 stations established by the people’s court.On the other hand,due to the rapid updating of relevant normative documents,some documents have not been effectively implemented,such as the setting of office places,listing and corresponding office appliances,etc.,which are not well implemented.In addition,most of these normative documents are issued in the name of ministries and commissions,mainly guiding opinions,and lack of legal force.This paper is written in the context of the frequent release of these related documents.The first chapter mainly describes the litigation rights of legal aid lawyers on duty,including the sources of legal aid lawyers’ right to participate in criminal proceedings.At present,there are two main categories: one is legislative documents,the other is the normative documents of relevant national organs;the litigation rights regulated from the normative level mainly include procedural suggestion right,sentencing suggestion consultation participation right,signing and signing of contract Besides,this paper compares the litigation rights of lawyers on duty with other lawyers involved in criminal proceedings,mainly comparing the defense lawyers and legal aid lawyers,because they have similar litigation rights.After finding the differences between them,the paper compares the legal aid duty lawyers’ rights with other lawyers participating in criminal proceedings The perfection of the lawyer system provides a feasible suggestion.The second part mainly introduces the research on the operation of the legal aid lawyer’s litigation rights.There are some problems,such as unclear legal position,lack of relevant litigation rights,imperfect basic safeguard measures,etc.The third part is mainly about the construction of the foreign legal aid on duty lawyer system,focusing on the investigation of Britain and Japan.In the world,Britain is the first country to establish the legal aid on duty lawyer system in China;Japan has developed this public welfare legal service system and got a long time in the 1960 s when the domestic economic recovery was difficult It is enough to develop effectively.The fourth part,mainly to the above mentioned related issues,put forward some suggestions to improve the system.