Study On The Effective Participation Of Duty Lawyers In Guilty Plea Cases

In order to ensure that the duty lawyer system is stipulated in the criminal procedure law,and the participation of duty lawyers in the self-report punishment,your system is an important reform in the field of criminal procedure in our country.The Guiding Opinions on the Application of the System of Confession,Confession and Lighter Punishment formulated in 2019 and the Law on Support for Duty Lawyers’ Business formulated in 2020 have made more detailed provisions on the relevant content of duty lawyers.In addition to the system provisions,the theoretical circle has studied and discussed the duty lawyer’s participation in conviction and sentencing cases from many aspects,such as the position of duty lawyer,the intervention and development of conviction and sentencing cases,and the perfection of legal aid system.Although the system regulation and theoretical research of duty lawyers are gradually improved,the problem of "witness" of duty lawyers still cannot be solved.That is to say,the duty lawyer studied in this paper did not effectively participate in the issue of guilty verdict and punishment events.The effective participation of duty lawyers is the basis to protect the basic rights and interests of defendants in criminal cases,and also an important push to improve procedural efficiency and ensure substantive fairness.Under the background of the increasingly obvious role of duty lawyers in such cases,this paper proposes that duty lawyers do not participate effectively in such cases,and discusses from the following points.This paper is divided into three parts to study the effective participation of duty lawyers in crime and punishment cases.The first chapter is the summary of the effective participation of duty lawyers,the concept of the effective participation of duty lawyers,the definition of the judgment criteria of the effective participation,and the analysis of the factors affecting the participation effect,to determine the theoretical basis of this study.On the basis of practical investigation,the second chapter,the door of a boudoir injury lawyers involved in the present situation and problems,on duty on duty lawyer in practice of legislation and judicial practice there are still gradually mature,the nature of the duty lawyer localization is unclear,the law is rough,the lack of defense right,the problem such as the lack of resources and the packaging system is not sound,lawyers involved in the effective influence on duty.Finally based on the initiative of the third chapter,this paper analyzes the duty lawyer involved in specific problems and effective participation and influence factors of judgment standard is that the nature of the duty lawyer solitude and positioning,given the rights of specific laws and recessive incentive system,resource allocation,cost compensation responsibility system of the suggestion of constructing and packaging,the duty lawyer sin forfeit their events in order to effectively participate in New research ideas are provided for the further reform and development of both systems.