Study On The Practice Of Duty Lawyer System In Guiyang City

With 18 after the fourth plenary session of the trial as the center to promote the reform of the system of criminal action,around to improve the efficiency of lawsuit in our country,and simplified shunt,pleaded guilty to forfeit their from the system,such as speed cutting program simple type lawsuit system grew rapidly,in order to at the same time to ensure that procedural justice and safeguard human rights,criminal legal aid duty lawyer system gradually active in our field of vision.In addition to playing an important role in ensuring the legitimacy of the procedure and safeguarding the litigation rights of the accused,the duty lawyer system of criminal legal aid enriches the legal aid mode and legal aid system in China,and is also an important supplement to the defense system in China.Based on the practice of the duty lawyer system in Guiyang,this paper makes a systematic study on the duty lawyer system of criminal legal aid.The main body of this paper is divided into five parts: The first part focuses on the concept and characteristics of the duty lawyer system and the three litigation values;The second part is the empirical research.Through field survey practice situation of guiyang city duty lawyer system,understanding of the operation situation of the system in guiyang city,guiyang city began in 2018,is now do all districts and counties,mainly in the middle of the run’s procuratorate on duty is responsible for the lawyer’s work arrangements,legal aid agencies responsible for the court and jail duty lawyer,The importance of duty lawyer’s work is very high,but there are still common problems in duty lawyer’s practice.The third part mainly analyzes the difficulties and problems in the operation of the duty lawyer system in Guiyang.Its logical mainline for judicial authority with sexual difference,on duty lawyer litigation rights cannot be guaranteed to cause the duty lawyer system dissimilation,on duty lawyer to "witness",plus randomly assigned the service mode,inadequate protection of the system of funds and personnel factors,triggered the duty lawyer "empty",thus caused many system operation;The fourth part is the essence of the article,which puts forward some suggestions to improve the legal aid duty lawyer system in China.First of all,it is necessary to improve the understanding of the system to realize the practical effect of on-duty lawyers’ participation,straightening out the legal status of on-duty lawyers and giving on-duty lawyers the right to participate in cases,which is the logical starting point and the fundamental core of the system.Then this paper puts forward two modes of litigation cohesion.The first is the cohesion model of duty lawyer and general defense lawyer.Taking minor cases as the standard and the accused person as the principle of voluntaressness,priority should be given to the former on-duty lawyer when appointing defense lawyers for the accused person.When the accused person independently entrust defense lawyers,the on-duty lawyer is allowed to change his or her status and provide defense services in court.The second is the mode of working convergence of duty lawyers in different litigation stages.From the investigation stage,the written materials of duty lawyers’ work are formed and transferred to the judicial organs along with the case files to provide convenience for the defense work of duty lawyers who participate in cases in the examination,prosecution and trial stage.Finally,the paper puts forward the concrete measures to improve the operation mechanism of the duty lawyer system from the four perspectives of guaranteeing material conditions,enhancing system publicity,coordinating resource allocation and team building management,in order to make the system run better and exert greater litigation value.