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Research On The Effective Legal Assistance Of Lawyers On Duty In China's Cases Of Guilty Plea And Punishment

Posted on:2022-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:T K XuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The system of on-duty lawyer is the key system to guarantee the voluntary,authenticity and legality of criminal suspect and defendant's admission of guilty punishment.In the case of guilty plea,the effective legal help of the lawyer on duty is of great significance to the protection of the litigation rights of the suspect and defendant in the criminal prosecution activities.The "effectiveness" of legal help plays a key supporting role in realizing the balance between prosecution and defense and the value balance between judicial efficiency and human rights protection in the case of guilty plea.As for how duty lawyers can better perform their duties in guilty plea cases,at the beginning of the establishment of the system,the academic point of view was inclined to assign the duty lawyer the role of "defender" or "quasi-defender" in the case of guilty plea.However,with the introduction of the Guidance on the Application of Leniency System for Guilty Plea in2019,the legislation clarified the role of duty lawyers as "legal helpers" and stressed that duty lawyers should provide "effective legal help".Therefore,the focus of our research should start from the effective legal help of the duty lawyer,and study and analyze how to better play the function of the duty lawyer in the case of guilty plea.Based on the commonness of lawyer profession,this paper puts forward the definition of effective legal help based on the theory of "effective defense" of defense lawyer.At the same time,based on the research and analysis of the practice of the duty lawyer participating in the case of guilty plea,the factors affecting the effective legal help of the duty lawyer are put forward.However,the "validity" of legal work is highly subjective.Therefore,this paper further puts forward the judgment standards of effective legal help of duty lawyers,including the judgment standards of effective performance of duties and effective completion of obligations.Combination for effective legal means to help,the standard of the judgment and influencing factor of research,the article for the improvement of the duty system is put forward in combination with China's economic and social development and related judicial practice,build on duty lawyer system of government procurement mode,time limit of minimum service mode,remote Internet service mode,and a sound system of duty lawyer duty list system and building the project,"Invalid legal aid" relief system.In this way,by perfecting the working mode and system of on-duty lawyer,the "effectiveness" under the current "legal help" content can be realized.
Keywords/Search Tags:Leniency system of confession and punishment, duty lawyer, effective legal help, Judgment standard, List of Responsibilities, Invalid legal help
PDF Full Text Request
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