On The Duty Lawyer System In The Case Of Admitting Guilt And Accepting Punishment

In recent years,more and more criminal suspects and defendants choose the lenient procedure in exchange for a lighter punishment.Duty Lawyer,as a supporting mechanism of the lenient procedure,was originally set up to protect human rights while improving the efficiency of the proceedings.The duty lawyer plays the role of witnessing the process of the lenient procedure,improving the lower status of the accused,ensuring the voluntariness and truthfulness of the accused’s guilt admitting,and ensuring the rationality of the sentencing suggestion put forward by the procuratorial organ.At the beginning of the implement,the legislation on duty lawyer’s role and positioning is not precise,lack of rights,supporting mechanism is not perfect,the treatment is not satisfying,lead to a series of practical puzzles like,duty lawyer can not get involved in the case deeply,provide legal help passively,the professional level varies,lack of responsibility.In order to break through the problems faced by the duty lawyer system,it is necessary to define the role of duty lawyer in legislation as a special legal aid lawyer,to endow duty lawyer with more litigation rights,to improve the working treatment and to perfect its supporting mechanism.