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Research On The Operation Mechanism Of The Duty Lawyer System

Posted on:2020-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhaoFull Text:PDF
GTID:2516305774471734Subject:Law
Abstract/Summary:PDF Full Text Request
The duty lawyer system refers to a legal relief system in which the duty lawyer provides legal services free of charge without any additional conditions for those who need legal assistance.On October 26,2018,the duty lawyer system formally joined the Criminal Procedure Law.Since then,the duty lawyer system has gained legal status and will be launched nationwide.Therefore,the practice faces the problem of how to implement or how to effectively operate the duty lawyer system.It is necessary to study the operating mechanism of the duty lawyer system.The five elements of the institution setting,team building,work content,work requirements and the financial security system of the duty lawyer system are a more appropriate entry point for studying the duty lawyer system.Based on this,through the analysis of the institutional framework of the duty lawyer system and the practice of the duty lawyer system,it can be found that the "Criminal Procedure Law" and "Opinions"which constitute the framework of the lawyers' duty system in China have played a direction guiding role in the operating mechanism of the duty lawyer system,but there are differences between the two documents.The practice is to implement the duty lawyer system.The "Opinions" should be appropriately adjusted in accordance with the current Criminal Procedure Law.As far as the practice of the duty lawyer system is concerned,the various elements of the operating mechanism of the duty lawyer system are different in different places.By comparing the institutional framework and practice,we can find that the rules of the duty lawyer system are highly abstract and general compared to the practice.Generally speaking,the specific arrangement and operation of the various elements of the duty lawyer system are legal,but it is difficult to judge whether it is reasonable.By researching the operating mechanism of the duty lawyer system,this paper finds the following questions.Firstly,the legal aid workstation in China has insufficient coverage of legal aid workstations and the location of the venue is unreasonable.Secondly,the level of duty lawyers is uneven and the system lacking uniform and reasonable selection criteria.Thirdly,the scope of the lawyer's help is too narrow and the function is biased.The reason why the followed questions arise is that the uniformity and standardization of the duty lawyer system is lacking,the guiding ideology of the duty lawyer system is vague,and the funds supporting the duty lawyer system are inseparable.In view of the above specific questions existing in the operating mechanism of the duty lawyer system,we intends to base on the reasons behind the questions,and proposes the improvement of the operating mechanism of the duty lawyer system only from the macro level.We believes that the operation mechanism of the duty lawyer system should be improved from the following three aspects.Firstly,the operational level of the duty lawyer system is unified and standardized.It is suggested that Supreme people's court?Supreme People's Procuratorate?Ministry of Justice?Ministry of Public Security and Ministry of National Security should further consult and jointly issue a normative document to refine the requirements for the operation of the duty lawyer system.Before the normative documents have been issued at the central level,the relevant provincial departments may first summarize the previous pilot experience and in light of the province's situation,further refine the implementation rules of the province's relevant duty lawyer system.Secondly,the guiding ideology of the lawyer system on duty is clearly defined.The specific method is based on the correct positioning of the lawyers' duty system in China's judicial practice;the research on the foreign duty lawyer system,the enlightenment from the guiding ideology of the duty lawyer system in China;and the promotion of the guiding ideology of the duty lawyer system.Thirdly,increasing the funding guarantee for the duty lawyer system.Insisting on the main guarantee of government finance as a fund,expanding the funding source of the duty lawyer system,and improving the subsidy method for duty lawyers.
Keywords/Search Tags:Criminal legal aid, Duty Lawyer System, Operating mechanism
PDF Full Text Request
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