Duty Lawyer Participation Under The Leniency System For Guilty Pleas

The system of guilty admission and punishment leniency is a system is applied in the field of criminal justice in China,which aims to save judicial resources and judge cases faster.As a supporting system,the duty lawyer system not only supervises the public power,but also maintains the legal rights of suspects and defendants.They are both applied in criminal proceedings.However,at the beginning,there are also many problems in the case of duty lawyers.Only by analyzing the problems,considering national conditions,can we make the system play a better role.This article will discuss from the following four parts:The first part introduces the regulations on the duty lawyer system in the United States,Germany and Japan,as well as the development course and characteristics of the duty lawyer system in China,that is,the limitation of the object,the free service and the particularity of the function.It makes a difference between the duty lawyer and the appointed defense lawyer,and defines the scope of the legal service provided by the duty lawyer.The second part discusses that it's necessary for the duty lawyer to take part in the system.The third part mainly introduces problems: the duty lawyers' rights is not well used in judicial practice,the legal assistance provided is not practical.The duty lawyer's participation time is short,the reward is low,and the quality of service is poor.The duty lawyer and the suspects and the defendants have different opinions on whether to apply the system.The fourth part discusses solutions: It should ensure the duty lawyers' rights.Also,the law had better give the right to defense.It should make the duty lawyers' selection standard,improving its working methods and carrying out regular training,It's necessary to expand the duty lawyers' team and improve the professional level.The country needs to increase the investment of funds to improve the salary of the lawyers.The evaluation mechanism should be established to improve the lawyers' quality of service.When the opinions are not unified,the duty lawyer should respect the will of the prosecutors.