On The Measures Securing Effective Assistance Of Legal Aid Counsel

Legal aid should play its due role,three factors are crucial: one is to provide legal aid by qualified lawyers;Second,lawyers can intervene in criminal proceedings in time to provide assistance to the recipients;Third,the lawyer diligently performs the defense duty.In our country,since the implementation of the existing Code of Criminal Procedure,especially since the Fourth Plenary Session of the 18 th CPC Central Committee,the legal aid counsel has made breakthrough progress.However,due to the inadequate safeguard measures,it is always difficult to guarantee the quality of the aid lawyers,the timeliness of the intervention and the diligence of performance.Therefore,drawing lessons from the experiences and lessons of the outside world,summarizing the elements of legal aid effectiveness,systematically researching domestic issues,and proposing targeted solutions will enhance the effectiveness of the legal aid defense,perfect the legal aid defense system,and deepen the study of legal aid system.The study has important theoretical significance and practical values.In addition to the introduction and conclusion,the text is divided into three parts,totaling more than 36,000 words.The first part studies how to guarantee the qualification of aid lawyers.In order to achieve the qualification of aid lawyers,we should ensure that the access conditions of aid lawyers are materialized,vocational training is normalized and the withdrawal mechanism is normalized.The qualification requirements of aid lawyers in China are relatively low,the standards are generalized,the specialization and normalization of vocational training are inadequate,and the aid lawyer's withdrawal mechanism is absent.All these are incompatible with the goal of ensuring the professionalization of aid lawyers.To ensure that the aid lawyers are qualified,first of all,the conditions for the entry of aid lawyers should be unified and clarified.Those who require the qualifications of aid lawyers must have been practicing for more than three years and have handled more than three criminal lawsuits,or have defense expertise with specific criminal cases;for the accused who may be sentenced to life imprisonment or the death penalty or minors,the legislation should impose more stringent requirements on the basis of common standards.Secondly,the judicial administrative department should be clearly defined as the training responsibility organ.According to the needs of trainees,the training program should be flexibly arranged,and the obligation of aid lawyers to participatein the training should be determined,so as to ensure the effectiveness of training.Finally,for aid lawyers who do not diligently perform their duties,they are subject to normative restrictions on their eligibility for aid.The second part studies how to guarantee the timely intervention of aid lawyers.To realize the timeliness of aid lawyers' involvement in cases,the rights should be informed effectively,the standard of examination should be clear,the work should be connected to ensure the smooth operation and the execution of procedural sanctions is in place.In our country,there are some problems in the aspect of guaranteeing the timely intervention of aid lawyers,such as the excessive principle of law,the formalization of right notice,the obscure part of the reviewing standards,the unreasonable connection of work and the imperfect relevant procedure sanction system.In this regard,it is advisable to establish the assistance obligation of duty lawyers in interpreting the content of rights,so as to ensure the effectiveness of the rights notification;to clear review obligation of case-handling organs,establish life imprisonment or death penalty legal punishment standard of review,to timely determine whether the accused complies with the legal aid defense conditions;to introduce the coordination mechanism of the Political and Law Committee,to establish the coordination mechanism between relevant departments,so as to shorten the time for aid lawyers to intervene in cases.In the case of not assigning or delaying the notification of the assignment of aid lawyers,it should be regulated as the legal reason for the people's procuratorates returning to the supplementary investigation,the court returning the case to the people's procuratorates and a second trial court revoking the original judgment to retrial,to curb the infringement motive of the case-handing organs.The third part studies how to ensure that aid lawyers perform their duties diligently.The motivation for aid lawyers to perform their duties diligently,on the one hand,derives from the guidance of a clear practice norms and the protection of a good practice environment,and on the other hand,from the supervision of the scientific supervision system.Investigating the system and practice of our country,the lack of targeted professional norms,the low level of subsidies for handling cases,the poor protection of practicing rights and the inadequate legitimacy of the regulatory system all constrain the enthusiasm and initiative of aid lawyers to handle cases.In this regard,first of all,the legal norms should establish both mandatory and discretionary norms of practice to ensure the basic quality of legal aid;Second,through the special funds and explicit recognition to enhance the professional attainment of aid lawyers.In addition,the system should confer immunity for the practice of defense lawyers to safeguard the professionalism and independence of the defense lawyer profession.Finally,disciplinary body should be unified,the supervision of the process of aid lawyers be taken seriously,the aid lawyer who violates discipline be punished promptly,to secure that the aid lawyers diligently perform their duties,and ensure that the aid recipients receive effective assistance.