Study On The Positioning And Rights Protection Of On-duty Lawyers

Duty lawyers are different from defense lawyers and legal aid lawyers in that they can provide legal services to the accused without being entrusted by the accused or assigned by law.It has become the "first line of defense" to protect the litigation rights of criminal suspects because of its flexible,rapid and extensive features.China’s duty lawyer first started the trial work of duty lawyer in Xiuwu County,Henan Province in 2006.It was first stipulated in the legal provisions in 2014.With the continuous development and improvement of various criminal litigation legal systems such as quick trial,guilty plea,legal aid,and so on,it was finally written into the criminal Procedure law in 2018.It becomes an important part of legal aid system in criminal procedure.Duty lawyer is an important means to protect the litigation rights of criminal suspects,whose litigation rights are perfect or not directly related to the vital interests of criminal suspects and defendants.In judicial practice,the duty lawyer’s exercise of criminal litigation rights is often restricted due to the imperfect positioning of duty lawyer.Therefore,in order to protect the litigation rights of the duty lawyer,it should be affirmed that the duty lawyer can have the status of the defender,and the duty lawyer can enjoy the same litigation rights as the defender.The history of criminal procedure is the history of expanding the scope of defense.Duty lawyer system as an important part of criminal litigation defense chapter,its extension will continue to expand.To continuously add the litigation rights of the duty lawyer,improve the treatment level of the duty lawyer,improve the protection system of the rights of the duty lawyer,improve the vitality of the duty lawyer,and implement the principle of effective defense,contribute to the progress of our criminal defense complete coverage,contribute to our criminal procedure judicial system reform,and thus more fully protect the litigation rights of criminal suspects and defendants.This paper is divided into four parts.The first part discusses from the legal origin of on duty lawyer,briefly introduces the developing history of on duty lawyer’s identity orientation,and according to current judicial practice situation and the connotation of our system,affirmed that the legal orientation of the legal helper of on duty lawyer under the provisions of criminal procedure law is in accordance with national conditions of our country.In the second part,through the interpretation of the concept of defense and the interpretation of relevant laws,it is reasonable and legal to demonstrate that the duty lawyer is transferred to the defender.Lay a good foundation for the demonstration of duty lawyer’s right protection.The third part discusses the status quo and problems of the duty lawyer in the operation of our country.The fourth part is aimed at the dilemma encountered in the positioning and rights protection of the duty lawyer,from allowing the duty lawyer to transform into a defender,to protect the duty lawyer’s right to investigate and collect evidence,the right to meet the interview,the right to review papers,the right to be present when admitting guilt,to establish the duty lawyer protection system,improve the treatment of the duty lawyer and establish the supervision and restriction mechanism of the duty lawyer in line with the actual situation.The position and right protection of duty lawyer are discussed together...