The Problems And Improvement Paths Of My Country's Criminal Appeal Lawyer's Agency System

This paper takes the criminal appeal lawyer's agency system as the research subject.The author consults various kinds of literature,understands and analyzes the specific provisions and monographs of domestic and foreign criminal appeal and criminal appeal lawyer's agency system,and studies the relevant criminal appeal cases.Through the communication with the participants of criminal appeal,such as the staff of the case handling organ,the agent lawyer,and the complainant,etc.,the author hopes to improve the quality of the criminal appeal To understand the connotation,current situation and existing problems of the criminal appeal lawyer agency system and to think about how to improve the system.This system does not exist for a long time in our country,which is related to the importance of the criminal appeal field in our country,and the obvious lack of understanding of the role that lawyers can play in it,which leads to the lack of research on this system in the theoretical and practical circles,and the establishment and improvement of this system started late.In practice,some departments even hold a conflicting attitude towards the lawyer's appeal system for their own interests.With the continuous progress of the rule of law in China,people began to pay attention to the role of lawyers in letters,visits and appeals.Therefore,in recent years,China began to pay more attention to the establishment of the system,introduced relevant regulations,and gradually established pilot projects in some regions.This paper starts with the basic definition of the criminal appeal lawyer agency system,analyzes the connotation and concept of the system,defines its scope in that the complainant entrusts a lawyer to represent him to appeal to the court or Procuratorate,and requests to review the effective criminal judgment or decision again.This paper expounds the significance of lawyer acting as a criminal appeal case: it can help the parties to appeal accurately and legally,balance the relationship between individuals and judicial organs,maintain fairness and justice,and improve the efficiency of litigation.Furthermore,it enumerates and analyzes the problems existing in the practice of the current system in China,such as the lack of legislative support and practical provisions,the low participation of lawyers and the low overall quality,the limitation of the parties' cognitive ability,economic ability and even action ability,the imperfection of the complaint supporting mechanism,and the inadequate protection of lawyers' right to appeal,etc.At the same time,the author also analyzes the causes of these problems and difficulties.Through practical analysis,the author found that the practical problems are not obstacles to the perfection of the system,but provide us with a perfect direction.Therefore,the author also puts forward some specific suggestions on how to construct and perfect the criminal appeal lawyer's agency system in China,adopting the problem oriented law: it is necessary to make clear that the criminal appeal procedure belongs to one of the litigation procedures in terms of legislation,which has the property of litigation,and determine the positioning and property of the criminal appeal lawyer's agency system to provide legal basis for practice and formulate specific operation The legal rights of the criminal appeal lawyer with strong character stipulate that the right of marking papers,the right of meeting and the right of investigation and evidence collection should be implemented;at the same time,the author puts forward that through improving the relief way of the obstruction of the criminal appeal lawyer's agency right,the notification system and the special compulsory appointment of the agent should be implemented to expand the scope of the lawyer's agency,and the scientific selection standard and assessment standard of the criminal appeal lawyer's legal aid should be established.It is hoped that through the top-level system design,we can explore and gradually improve the criminal appeal lawyer agency system in China,so as to solve a series of problems and dilemmas faced by the system in practice.