| With the implementation and full rollout of the leniency system for admitting guilt and accepting punishment the duty lawyer system has emerged from time to time.However,there are also some problems in the process of implementation,such as the unclear role of duty lawyers,the gap between the actual function and the preset function,and the poor connection between the duty lawyer system and the defense system.Academics disagree on the role of duty lawyers.he practice pattern is far from the original intention of the system design.The duty lawyer system is being alienated into another form,gradually becoming a"witness".The substantial legal help that should be exerted is to a certain extent detracted from above.There is not enough institutional guarantee for the work connection between duty lawyers and defense lawyers,so it is necessary to further improve and reconstruct the connection mechanism between the two systems.In order to promote the realization of the goal of full coverage of criminal defense lawyers,to further supervise and enhance the enthusiasm of duty lawyers to perform their duties,and to safeguard the legitimate rights and interests of the accused,under the current judicial work environment of "there are few cases" in my country,It is very necessary to further improve the connection mechanism between the duty lawyer system and the defense system.By analyzing the dilemma of the connection mechanism between the duty lawyer system and flie defense system,this paper starts from two aspects of theoretical assumption and system design,and explores a reasonable path to improve the connection mechanism.Through the analysis of relevant materials,it is found that there is currently a lack of specific legal norms to dearly define the connection mechanism between the duty lawyer system and the defense system.At the same time,the problem of witnessing the duty lawyers is becoming more and more serious,and the early legal services provided by the duty lawyers are lacking.Therefore,there are problems in the connection mechanism between the duty lawyer system and the defense system in our country,the content of the connection between the two is not clear,the connection method is not perfect,and the connection guarantee mechanism is not perfect.The legitimate litigation rights and interests of the accused have a direct impact,delaying the judicial proceedings,and thus wasting judicial resources.Starting from the perspective of reducing the blocking of the connection between the two,the author puts forward two humble opinions according to the different situations in judicial practice:first,when the duty lawyer fully meets the transfer requirements,when the accused has the conditions for legal aid,and If you have the intention to transfer the duty lawyer to be your own legal aid lawyer,you can transfer the duty lawyer to the legal aid lawyer of the accused person through the transfer procedure;Alawyer may also accept the entrustment of the accused person and act as the appointed lawyer of the accused person.Second,if the duty lawyer does not meet the transfer requirements and requirements,then refine and standardize the content and process of the connection between the duty lawyer and the defense lawyer,mainly including clarifying the content of the connection between the two,improving the connection method between the two,and improving the connection between the two.A mechanism to ensure the connection between the two.Through the above two methods,we can ensure that the preliminary legal assistance provided by the duty lawyer is effective and can mobilize his enthusiasm for performing his duties,and at the same time,it can better escort the subsequent defense work.By improving the connection between the duty lawyer system and the defense system In order to form a long-term working mechanism,it will help the realization of the goal of full coverage of lawyers’ defense in criminal cases,and further protect the legitimate rights and interests of the accused. |
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