A Study On The Participation Of Duty Lawyers Under The System Of Leniency Of Guilty Plea

The system of leniency for guilty plea is an important part of the reform of criminal justice in our country.It simplifies the procedure of some criminal cases and guarantees the right of the accused to get a quick trial.The effective participation of the duty lawyer is the guarantee to improve the system of leniency for guilty plea,which affects the effect of judicial reform.Duty lawyer pleaded guilty in greater forfeit system plays an indispensable role,legal consultation solution,pleaded guilty to forfeit the signing of the declaration cannot leave the lawyer on duty,on duty lawyer in criminal lawsuit efficiency,ensuring the confession forfeit due process,strengthening judicial protection of human rights and the promotion of criminal litigation attorney full cover,etc,play an important role.In the system of leniency of punishment for pleading guilty,duty lawyers show the characteristics of timeliness of help,extensiveness of service objects and urgency of service contents.Duty lawyers have experienced more than 14 years of development since the pilot in 2006,and have achieved certain reform results,but they still face difficulties such as "role alienation","difficult connection" and "going through the formalities" in judicial practice.The reason is that the duty lawyer’s position in China’s law is ambiguous,and it is difficult to determine the boundary of his rights.The absence of the right to investigate and collect evidence and the right to defend in court makes the duty lawyer bear the responsibility inconsistent with his rights.In addition,the duty lawyer is lack of effective supervision system,so it is difficult for the duty lawyer to play his due role.In order to solve this problem,it is necessary to clarify the legal status of the on-duty lawyer as "quasi-defender",and clarify the function of the on-duty lawyer as the supervisor and negotiator of the confession penalty.Secondly,it is necessary to strengthen the construction of the team of duty lawyers and construct the guarantee mechanism for the duty lawyers to participate in the system of lenient punishment for pleading guilty.Finally,it is necessary to perfect the connection between duty lawyers and defense lawyers as well as the connection between duty lawyers in different litigation stages so as to give full play to the role of duty lawyers in the system of leniency for pleading guilty.