A Study On The Procuration Of Lawyer For Victims In Public Prosecution Cases

Attorneys in public prosecution cases play a crucial role in protecting the legitimate rights and interests of victims.However,in practice attorneys are often difficult to do,and victims cannot obtain full assistance from an attorney.Whether in the legislative or judicial practice,the protection and attention to the attorneys’ rights are far less than the defense lawyers’;the theoretical circle’s attention to the related issues of the attorney is far less than the defense lawyer.Therefore,through the methods of interviews,data analysis,case studies,etc.,the article summarizes the problems existing in the litigation process of the victim’s lawyers in public prosecution cases,and draws lessons from foreign relevant institutional design experience in order to propose specific proposals for solving these problems.In addition to the introduction,the text is divided into three parts and the full text is about 30000 words.The first part is about the agency of the victim’s lawyer in the public prosecution case.Modern criminal lawsuit emphasizes the protection to the defendant’s rights but ignores the protection to the victim’s rights,resulting in victims often suffering from secondary injuries.The participation of a lawyer can not only prevent the victim from secondary injury,protect the legitimate rights and interests of the victim,but also help to repair social relations.However,the attorney is also as unimportant as the victim,and his litigation rights cannot be guaranteed.The second part is the concrete analysis and summary of the problems existing in the lawyer’s agent system in public prosecution cases.First,most victims have not been able to obtain effective help from an attorney.Second,before a criminal case is filed,it is difficult for a lawyer to assist the victim in exercising his criminal indictment rights.There is no legal basis for the attorney to exercise his power in the investigation stage.Third,at the stage of reviewing and prosecution,the attorney’s right to know the litigation process is not fully guaranteed,and the right to read and investigate and collect evidence is unreasonably limited,and participation in the criminal reconciliation process and the plea bargaining process is also insufficient.Fourth,at the trial stage,there are problems with lawyers attending court trials,and the degree of participation in trial activities is not fully guaranteed,and the right to seek a sentence is also often misplaced.The third part puts forward concrete measures to improve the existing problems of thevictim’s lawyer’s agency system in public prosecution cases.Firstly,we must establish a more robust legal aid agency system for victims.The first is to give victims the right to legal aid,the second is to expand the scope of legal aid for victims,the third is to extend the time for victims to obtain legal aid to the investigation stage,and the fourth is to improve the financial protection of legal aid agencies for victims.Secondly,the identity and functions of the attorney before the criminal case and the investigation stage should be given.It should be clear that the victim has the right to appoint an agent at any time after he has been subjected to the crime and gives the attorney the identity of the agent at this stage.Finally,it is necessary to clearly stipulate and strengthen the lawyer’s litigation rights at various stages.The first is to expand the judicial agency’s obligation to inform lawyers about the litigation process at the stage of review and prosecution;the second is to remove the right to review and collect evidence of the attorney during the period of examination and prosecution.Unreasonable restrictions;third is to give the lawyers the right to participate in the criminal reconciliation process and the plea bargaining procedure in the review and prosecution phase;fourth is to improve the attorney’s right to appear at the trial stage and to ensure that the attorney’s participation in the trial activities;fifth is to learn from The victim impact statement system was introduced to implement the right to seek punishment for victims and their attorneys.