On The Duty Lawyer System In The Guilty Plea And Acceptance Of Punishment Procedur

As an imported product,the system of duty lawyer has gradually attracted attention since the country began to pilot the expedited trial procedure of criminal cases.However,with the establishment and development of the system of leniency for pleading guilty and accepting punishment,the system of duty lawyer,as a supporting mechanism,has been paid more and more attention.The healthy operation of the confession procedure depends on the effective participation of duty lawyers.Although the development of duty lawyer system in China has begun to take shape,its urgent problems must be paid attention to.Only by constantly perfecting the system of duty lawyer can we make up for the inherent defects in the confession procedure.The first part is an overview of the system of duty lawyer.This paper generalizes the main contents of the system of duty lawyer from the dimensions of the applicable object,the applicable case scope and the scope of responsibility,and concludes that the system of duty lawyer has the basic characteristics of emergency,public welfare and universality.The second part analyzes the existence value of the system of duty lawyer in the confession procedure.It protects the entity and procedural rights and interests of the litigant participants;which supervises the investigation organs in handling cases in a standardized way and collecting evidence legally;which supervises the procuratorial organs in approving the arrest reasonably,accurately determining the facts of the crime,putting forward appropriate recommendations for sentencing,and actively reviewing the necessity of detention;and supervises the judicial organs in their full hearing of cases and carrying out impartial investigation and evaluation activities.The third part describes the present situation of the system of duty lawyer in China.Including the introduction of the legislative process of the system of duty lawyer in China,it is the conclusion that the duty lawyer’s work responsibilities,procedures and guarantee mechanism are constantly improving,and through the comparative analysis of typical cases,it is found that the duty lawyer has played a certain role in the confession procedure.The fourth part analyzes the problems existing in the confession procedure by the system of duty lawyer.For example,the role of duty lawyer is ambiguous;Although the law stipulates that duty lawyers enjoy the right to explain the contents of the system,the right to interview,the right to review the paper and the right to express legal opinions,the corresponding right protection mechanism has not been set up.Moreover duty lawyer in the confession procedure,is unable to exercise the right of investigation,not qualified to appear in court defense,unable to participate in the evaluation of accused person’s social survey,and its lawyers lack of linkage mechanism,with normal lead to people being prosecuted in the confession procedure with defenders help timely and effective exercise of the right to defend.The fifth part puts forward the conception of perfecting the system of duty lawyer in the confession procedure.First of all,it should be clear that the duty lawyer has the defense function.Secondly,it is necessary to improve the existing guarantee mechanism for the exercise of rights,such as setting up the system to focus on the explanation procedure,constructing the compulsory interview system,improving the review and legal feedback mechanism,to avoid the formalization of the sentencing consultation procedure.Thirdly,the scope of rights should be expanded,for example,the duty lawyer should be given the right to investigate and collect evidence,so as to strive for the best expectation of sentencing for the accused.Give them the qualification to defend in court to ensure that the accused can effectively exercise the right to defend in court;They are allowed to participate in social assessment simultaneously,providing positive conditions for the accused to return to society early.Finally,the linkage mechanism between duty lawyer and defense lawyer is constructed to protect the legal rights and interests of the accused in the procedure of confession and punishment to the maximum extent.