Research On Duty Lawyers Under The Leniency System For Admitting Guilt And Accepting Punishment

The leniency system for confessing guilt and punishing is a major reform of our country's criuinal procedure system.In combination with the urgent needs of the current shortage of lawyer resources in our country,it is essentially a litigation model that promotes the modernization of the national governance system and governance capabilities.According to the law,whether it is to give criminal suspects and defendants a simplistic procedure or a substantial leniency,it is of great significance to effectively punish crimes and improve the efficiency of litigation.The leniency system of confessing guilt and punishing has a great influence on the procedure and system design before criminal proceedings,including the criminal defense system,and the duty lawyer system is a very important part of the criminal defense system in our country.As a special way of providing legal assistance to the parties,the on-duty lawyer system helps maintain the balance between the prosecution and the defense,and has good social and judicial benefits.Although the on-duty lawyer system in my country.Started later than the on-duty lawyer system in other countries,it has developed rapidly.Today,my country has initially established the on-duty lawyer system.However,on the whole,the on-duty lawyer system in my country The development of the company is not perfect.There have always been controversies about many issues of the on-duty lawyer system,and there is also a lack of effective and reasonable model for guidance in practice.This article will discuss from five aspects,the main contents are as follows:The first chapter is the investigation of the status quo of my country's on-duty lawyer system.Firstly,the author explains the meaning of the duty lawyer system.Secondly,through a value analysis of the internal and external values of the duty lawyer,and finally briefly describes the three phases of the duty lawyer system since it was piloted in Xiuwu County,Henan Province in 2006.The development process is the budding stage,the development stage and the perfection stage.Up to now,the duty lawyer system has gone through 15 years in our country.This is a milestone.This article will also make a simple summary of the development of duty lawyers in the first 15 years on this basis.The second chapter mainly explores the functional positioning of duty lawyers in the system of plea guilty and punishing leniency.By comparing duty lawyers with legal aid lawyers and defense lawyers,the author finds out the special features of duty lawyers,and discusses the different positions of duty lawyers from the academic circle.There are three main points of view,namely,legal helper and judicial Event witnesses and defense lawyers.The author draws a conclusion through analysis and comparison,and believes that duty lawyers should be given different roles at different stages of confession and punishment.Chapter Three discusses the problems in the operation of duty lawyers under the system of plea guilty and punishing leniency.This article will discuss from the following five aspects:Firstly,there is currently no unified access threshold for duty lawyers;Secondly,there is a neglect of "effective"legal assistance provided by duty lawyers;thirdly,the presence of duty lawyers during court sessions There are still unclear issues.The fourth is the lack of an effective supervision mechanism for the on-duty lawyers.The fifth is the lack of smooth connection between the on-duty lawyers and defense lawyers and legal aid lawyers.In Chapter 4,the author introduces the duty lawyer system in the United Kingdom,Canada,and Japan and the duty lawyer system in Hong Kong.understands the emergence and development of the extraterritorial duty lawyer system,and extracts the problems exposed in their respective development and operation.Enlightenment and lessons for the development of the on-duty lawyer system in our country.In Chapter 5,the author proposes a path to improve the duty lawyer system based on the above discussion.After discussing the contents of the above four chapters,the author has conducted various discussions and explorations on the development of duty lawyers under the leniency system of confession and punishment in our country and the problems that arise between them.Finally,I come up with several suggestions:Firstly,we must clarify the duty lawyers.Positioning of the status of the on-duty lawyer and reasonably configure the litigation functions of the on-duty lawyer;Secondly,it is necessary to standardize the duty lawyer's responsibilities,and refine the way on-duty lawyers intervene in litigation;Thirdly;it is necessary to improve the protection mechanism for on-duty lawyers and strictly formulate a unified entry threshold for on-duty lawyers;Finally,it is necessary to absorb the reasonableness of the development experience of foreign duty lawyers and explore the diversified development of the duty lawyer system in our country.