Research On The Duty Lawyer System Under The Background Of Plea And Punishment

The leniency system for confessing guilt and punishing is a key measure in the reform process of the judicial system.The purpose is to separate complicated and simple cases and alleviate the current judicial dilemma of "more cases and fewer people".From the basis of system application,its concrete manifestation is that the prosecutor voluntarily admits the crime and accepts punishment.However,due to the simplification of litigation procedures in judicial practice,the legal rights of the prosecuted party are easily damaged.The system of on-duty lawyers has developed in this context,which can create a good system environment for the defendants to voluntarily admit crimes and punish them,and maintain the most basic fairness and justice while pursuing efficiency.However,whether it is from the pilot exploration in various regions or the laws and regulations promulgated at the national level,the duty lawyer system under the background of lenient admission of guilt and punishment has some problems that restrict the operation of the system at the theoretical and practical levels.In order to accurately find the "focus" and solve it,this article first discusses the basic principles of my country’s guilty confession and leniency system and the duty lawyer system.The practice summarizes the existing problems,and finally,based on the existing problems and experience,puts forward the perfect measures of my country’s on-duty lawyer system to realize the original intention of the system.Based on the above logic,in addition to the introduction and conclusion,this article is divided into three parts for discussion:The first part starts with the development environment of lenient confession of guilt and punishment,and elaborates on the duty lawyer system in detail.Through theoretical explanations of the meaning of the leniency system,the meaning of the duty lawyer system,the investigation of the foreign duty lawyer system,and the historical evolution of the domestic duty lawyer system,the essential relationship between the two systems is clarified,and the background of plea for guilty and punished leniency is further summarized The value of the off-duty lawyer system in terms of nature and tools provides a theoretical basis for the next exploration.The second part is the judicial status and existing problems of the duty lawyer system in our country under the system of plea guilty and punishing leniency.This chapter is divided into two parts: the status quo and the problem.Regarding the status quo,it is also divided into two parts,namely the status of work and the status of participation.Regarding the current situation of work,mainly through investigation and analysis of the work form,content,location,supervision and management of duty lawyers in confessing guilty and punishing cases;regarding the status of participation,empirical analysis is used to plead guilty and punished in the judgment document network Based on the total analysis and sampling analysis of lenient cases,it is concluded that the proportion of duty lawyers in the guilty plea system,the applicable region,court level,year of judgment,and applicable charges,sentences,procedures,etc.,are aimed at the current duty lawyer system Actual analysis of judicial development.The existing problems are summarized on the basis of fully studying the judicial status quo of the duty lawyer system and studying relevant documents,laws and regulations.Through analysis,it mainly includes three major issues: the status of the duty lawyer has yet to be clarified,some of the substantive rights of the duty lawyer are limited,and the job security of the duty lawyer has yet to be improved.The third part is to propose corresponding solutions to the problems summarized above,with the purpose of improving the duty lawyer system.On the basis of adhering to the combination of theory and practice,a feasible and perfect path is proposed based on the three major aspects of the duty lawyer’s own position,the sound exercise of rights,and the perfection of job security.In view of the due positioning attribute of the duty lawyer,it is in the position of a quasi-defender,and the reasons are explained from the pros and cons of each doctrine;on how the duty lawyer system can exercise substantive rights smoothly,the specific operation of the right to interview is detailed Propose improvements in five aspects: procedures,appropriate early access to reviewing rights,intervention time,granting the right to interrogation and sentencing negotiation,granting duty lawyers the right to investigate and collect evidence,and orderly connection to court defense rights;regarding the improvement of duty lawyers’ job security,increase the funding of duty lawyers Put forward measures in four aspects: investment,expanding the scope of on-duty lawyers,refining the working procedures of on-duty lawyers,and establishing a service feedback mechanism for the prosecuted.Generally speaking,it corresponds to the existing problems one-to-one,and follows a solution approach from the inside to the outside.