Study On Duty Lawyer’s Substantiate In Perform Of Duty Under The Leniency System Based On Admission Of Guilt And Acceptance Of Punishment

In recent years,the practical application of basic connotations of the leniency system based on admission of guilt and acceptance of punishment has become a hot issue in criminal procedure law.Especially since the amendment of the Criminal Procedure Law in 2018,the system positively responds to the current situation of "many cases but few people" in China and improves the work efficiency of criminal procedure.With the establishment of basic connotations of the leniency system based on admission of guilt and acceptance of punishments,the system of duty lawyers has been revitalized again.In criminal proceedings,duty lawyers not only assume the responsibility of providing the most basic legal assistance to the suspects and defendants,but also assume the responsibility of supervising the reasonable operation of basic connotations of the leniency system based on admission of guilt and acceptance of punishments.However,the judicial practice reflects that the duty lawyer system is not true and the function of basic connotations of the leniency system based on admission of guilt and acceptance of punishment has been wasted.Based on the development of duty lawyers,this paper discusses the meaning of duty lawyers’ substantive performance under basic connotations of the leniency system based on admission of guilt and acceptance of punishment,and holds that duty lawyers’ system should have the legal value of providing system guarantee for the accused to obtain basic defense,realizing the procedural legitimacy of the system of guilty plea,and improving the litigation efficiency.It is pointed out that the duty lawyer’s work focus should be changed from the trial to the trial,from the defense function to the legal assistance function,and from the mechanism of confrontation with the public prosecution organ to the mechanism of cooperation and supervision.In view of the conflict between the practical problems and the system design,based on the vacancy problem in the performance of duty of duty lawyers in the case of leniency of guilty plea in grass-roots judicial practice in L City,this paper analyzes the performance and causes of the problem,and investigates the duty lawyer system in the United States,Japan and the United Kingdom.It is found that these countries have valuable experience in paying attention to the construction of duty lawyers to protect their rights and interests,enriching the forms of duty lawyers’ participation in cases and constructing reasonable management mode of duty lawyers.Finally puts forward greater forfeit system under the duty lawyer pleaded guilty substance takes office shall strengthen the duty lawyer defends the role,fulfilling duty lawyer working right and establish the right relief way,consummation selects and the assign the duty lawyer reward punishment mechanism,establishing the law and legal aid lawyers on duty,the cohesion of the defense mechanism four paths,In order to realize the value of the system of leniency of guilty plea in the criminal justice reform,the function value of the system of leniency of guilty plea can be enhanced by multiple measures.