Research On Duty Lawyer System

On duty lawyer system is one of the key steps of the judicial reform in our country,the duty lawyer system worked well for the accused person's human rights protection,is of great significance for ensuring greater confessed forfeit their voluntary as regional practice in recent years,the duty lawyer system in our country also bear the fruits,in practice effectively to assist the judicial reform process.But at the same time,it also exposed many problems,which seriously affected the performance of duty lawyers.This paper studies the duty lawyer system in China through theoretical analysis and juridical practice,and puts forward Suggestions to improve the duty lawyer system in China by analyzing the existing problems and combining with the advanced experience of other countries.In addition to the introduction and conclusion,there are five chapters in the text.The first chapter is the overview of the duty lawyer.This chapter first describes the emergence and development process of the duty lawyer system at home and abroad,and then compares the duty lawyer with the legal aid lawyer and the entrusted defense lawyer in many aspects,so as to define the research object of this paper more clearly.The second chapter tells the typical zhengzhou duty lawyer system in China,hangzhou,Beijing and other areas of system practice and the existing problems in the process of practice,by summing up regional practice of extracting duty lawyer system in China are "duty legal help become a mere formality,"duty lawyer identity "alienation",duty,aid lawyer,attorney "litigation cohesion disorderly" and other common problems.The third chapter analyzes the causes of the problems in China's duty lawyer system.By summarizing and combing,the causes of the difficulties in China's duty lawyer system are summarized as three problems,namely,insufficient rights allocation,fuzzy positioning,and lack of cohesion mechanism.The fourth chapter,through the method of comparative study on the representative countries outside of duty lawyer system is introduced and refined in common,this chapter includes two parts,the first part is the introduction of outside system regulation,this part has chosen the world within the scope of duty lawyer system is relatively developed and more representative of the United Kingdom,Canada,Japan,the three were introduced.The second part introduces its possible inspirations,and on the basis of analyzing the characteristics of the duty lawyer system in China,puts forward some references to learn from the system outside China.At the same time,this article emphasizes the improvement of the system of lawyers on duty at the same time of sufficient research learning foreign related system must set out from oneself circumstance,the reform of the duty lawyer system in China is synchronized with greater confessed forfeit their system of advance,so learning the advanced experience of the countries outside at the same time must be based on local conditions.Chapter five puts forward some Suggestions to improve the duty lawyer system in China.Through specific solutions to based on the problems found in the second chapter put forward the perfect measures,main measures for the first level clear duty lawyer should enjoy reading through legislation,such as meeting right and the duty lawyer empowerment needs from the bottom up,working backward from the practice of legislation,according to the duty lawyer work need the rights to change the law.Secondly,by clarifying the identity positioning of duty lawyers in the process of admitting guilt and admitting punishment,the duty lawyers can achieve "fame" in their work.Then,it is necessary to establish a linkage mechanism between duty lawyers and entrusted defense lawyers and legal aid lawyers,so as to ensure the smooth process of litigation,and realize conditional transformation between duty lawyers and aided lawyers and entrusted defense lawyers.