The Duty Lawyer In The System Of Guilty Plea Difficulties And Solutions

The leniency system of guilty plea and punishment is a practice of "consultative justice" in China,and also the embodiment of the criminal policy of combining mercy and severity.The application of this system is of great significance to improve the efficiency of litigation,save judicial resources,and alleviate the contradiction of "many cases but few cases".Since greater confessed forfeit system fully implementing the accused man pleaded guilty in criminal cases forfeit their accounts for a large proportion,on duty lawyer involved,pleaded guilty to ensure greater forfeit the applicable legitimacy and effectiveness,ensure the accused guilty pleas forfeit their wisdom and voluntary,ensure the legality and rationality of the handling of cases of pleading guilty and being punished.But at present there are different opinions about his identity,resulting in the duty lawyer can not effectively participate in the case.Therefore,in view of the characteristics of duty lawyer,such as emergency,universality and flexibility,the nature of legal aid lawyer and the legal positioning of "defender" should be clarified.Judging from the cases of guilty plea and punishment in Shanxi Province in recent three years,the attendance of the duty lawyer helped more defendants,but there are still difficulties such as low participation rate,discontinuous legal help,poor work cohesion and formalization of legal help.The reasons are as follows:the number of on-duty lawyers is insufficient and the distribution is not balanced,the notification obligation of the public security and relevant authorities fail to perform their obligations,the working mechanism of on-duty lawyers is not perfect,the litigation rights are empty and missing and the supporting mechanism is not perfect.Therefore,it is necessary to build a diversified mode of providing legal help to ensure that all parties effectively fulfill the obligation of notification,enrich and protect the right of on-duty lawyers to read files,meet with the right,the right to be present during interrogation,the right to negotiate sentencing and the right to refuse to sign.To improve the duty lawyer’s work subsidy,access mechanism,training mechanism,work evaluation and reward and punishment mechanism and other supporting mechanisms,in order to ensure that the duty lawyer effectively participate in the admission of punishment leniency system,so as to improve the treatment effect of admission of punishment cases.