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Study On The Effective Participation Of Duty Lawyer Under The Broad Vision Of Confession And Punishment

Posted on:2022-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y R WangFull Text:PDF
GTID:2506306512458844Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the establishment of the leniency system of confessing guilt and punishing in the Criminal Procedure Law,the improvement of its related guarantee mechanism is animportant issue facing my country’s criminal justice practice.Among them,the effective advancement of the on-duty lawyer system is of great significance to guarantee the good application of the system of plea guilty and punishing leniency and the criminal expedited procedure.In 2018,the Criminal Procedure Law formally established the duty lawyer system through the third revision.With the widespread application of the system of plea guilty and punishing leniency in my country’s criminal proceedings,the role of duty lawyers has become more and more important.In criminal litigation,by participating in the litigation activities of confessing guilt and punishing leniency cases,duty lawyers effectively safeguarded the lawful rights and interests of criminal suspects and defendants,and to a certain extent ensured the standardization and fairness of the application of the guilty plea leniency system.While fully affirming the positive significance of the duty lawyer system in our country,we should also note that from the perspective of the perfection of the system,my country ’ s "Criminal Procedure Law" stipulates that the role of duty lawyers,the granting of rights,and the effective protection of rights are still in place.There are certain shortcomings,and to a certain extent it affects the development of the on-duty lawyer system and the full play of its functions.The author believes that in order to further maximize the function of the duty lawyer system,the procedural rights of duty lawyers to effectively participate in litigation must be given and fully protected,and the participation rights of duty lawyers must be guaranteed.In view of this,this article will further analyze the system value and function of my country’s on-duty lawyer system based on an in-depth analysis of the legal provisions of the current duty lawyer system in my country,on the basis of explaining the connotation,nature and legal positioning of the on-duty lawyer system.At the same time,through the discussion of the problems of the on-duty lawyers participating in the confession of guilty and lenient cases and the in-depth analysis of the causes of the problems,relevant solutions are proposed to ensure the full participation of the on-duty lawyers in the confession and lenient cases.Benefit.
Keywords/Search Tags:Duty Lawyer, right to plead guilty and accept punishment, Legal aid
PDF Full Text Request
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