Research On The Duty Lawyer System Under The Background Of Plea And Punishment

The system of leniency in pleading guilty and accepting punishment is a major reform of the criminal procedure system to implement the criminal policy of leniency and severity in the process of promoting the reform of the judicial system and the rational allocation of judicial resources in China.At the institutional level,it is specifically based on the fact that the pursued person admits to the crime he or she committed and accepts the corresponding punishment without coercion or intimidation.However,in practice,due to the simplification of the litigation process,the leniency system of plea and punishment cannot fully protect the legal rights of the pursued person,resulting in a certain damage to the legal rights of the pursued person,so the duty lawyer system came into being.The duty lawyer system has become an important system design to protect the legal rights of the accused under the leniency system,which can create a good institutional environment for the defendant to voluntarily admit the crime and punishment,and promote fair justice and human rights protection while pursuing efficiency.However,at this stage,whether from the pilot areas of the operation of the current situation,or from the various laws and regulations have been introduced,the plea of guilty under the background of leniency of the duty lawyer system in the theoretical level and judicial practice are a number of urgent problems,such as the duty lawyer positioning unclear,duty lawyer part of the substantive rights restricted,the lack of supporting rewards and punishments mechanism,etc..In order to guarantee the orderly operation and full implementation of the duty lawyer system under the background of plea and punishment,this paper will be discussed from the following aspects,mainly as follows:Chapter one,the basic principles of the duty lawyer system under the background of plea-benefit leniency are outlined.The basic connotation of the plea leniency system and the basic content of the duty lawyer system are explained,and the duty lawyer is compared with the entrusted defense lawyer and legal aid lawyer,and the value of the duty lawyer system under the background of plea leniency is derived.In the second chapter,the current situation and problems of the duty lawyer system under the background of leniency of plea and punishment are reviewed.According to the information available,the operation status of the duty counsel system in Beijing,Henan and Ningxia Hui Autonomous Region is introduced,and the problems existing in the operation of the duty counsel system are summarized and analyzed,so as to clarify the improvement direction of the duty counsel system in China.In the third chapter,the duty lawyer system in foreign countries is examined.It introduces the duty counsel systems of the United Kingdom,the United States,Germany and Japan respectively,and extracts their common points,beneficial experiences and excellent practices in the operation of duty counsel system,so that we can effectively absorb and learn from them according to our national conditions.In the fourth chapter,we will make suggestions to improve the duty lawyer system under the background of plea-bargaining leniency in China.According to the above problems of the duty lawyer system under the background of plea leniency,it is proposed that the identity of duty lawyers should be clearly positioned,the rights of duty lawyers should be strengthened,and the system of duty lawyers should be improved,so that the duty lawyer system can be better applied.