Research On The On-duty Lawyer System From The Perspective Of Role Positionin

It has been nearly five years since the duty lawyer system was formally written into the Code of Criminal Procedure,and it has been in the process of improvement and optimization since the full implementation of the system,but due to the controversial role of duty lawyers in criminal proceedings,the relatively loose provisions on rights and obligations,and the imperfect guarantee and supervision mechanism for work,duty lawyers have not been able to play a greater role.How to overcome these limitations so that the duty lawyer system can better serve the construction of socialist rule of law is the focus of many scholars’ research.This paper analyzes the problems existing in the duty lawyer system from the perspective of the role of duty lawyers,clarifies the realistic and reasonable positioning of duty lawyers,and then improves the rights and obligations of duty lawyers and related supporting systems on the basis of reasonable positioning.The first part is an overview of the system,briefly summarizing the source and development of the duty lawyer system in China,and then carefully analyzing the value of adhering to and improving the duty lawyer system.The second part analyzes the role positioning of duty lawyers,and clarifies the significance of duty lawyers’ positioning,that is,the role positioning of duty lawyers is the premise for configuring and improving their rights.Next,the theoretical controversies of the position of duty lawyers and the reasonable positioning that should be established are sorted out.The third part analyzes the problems and causes of the duty lawyer system in practice from the perspective of the role positioning of duty lawyers,and focuses on the misalignment of the role of duty lawyers in judicial practice.The fourth part is the extraterritorial comparison of the duty lawyer system,summarizing the experience of the extraterritorial duty lawyer system.The fifth part is the method of improving the duty lawyer system in China.The first is to improve the litigation rights adapted to the current role of duty lawyers,including the right to be present,the right to meet and the right to read the files;Then,it is necessary to improve the relevant supporting mechanisms of duty lawyers to improve the quality of help provided by duty lawyers.The author believes that problems in practice can be solved by clarifying its role and improving its litigation rights and supporting systems according to its reasonable positioning.In recent years,China has continuously deepened the reform of the judicial system,promoted the construction of the rule of law and the reform of the trial-centered litigation system,and the duty lawyer system is not only the highlight of the reform,but also a system innovation to ensure the reform.The establishment of a sound duty lawyer system can better promote the development and improvement of the plea system and criminal expedited judgment procedures,and achieve a balance between improving judicial efficiency and ensuring judicial fairness.