Investigation Report On The Implementation Of Duty Lawyer System In Puyang City

Our country began to carry out the trial of the Duty Lawyer System from 2006 to the latest revised Code of Criminal Procedure in 2018,in which the regulation of the Duty Lawyer System has been made clear.This indicates that the Duty Lawyer System of our country has made a breakthrough progress in the legislative level.However,there are some problems in the judicial practice of our country’s Duty Lawyer System for more than ten years.For example,in the criminal prompt adjudication procedure,the duty lawyer only provides legal advice to the accused before the court,and does not have the status of a defender,which affects the exercise of his litigious rights to some extent.In addition,there are some problems,such as the position of the duty lawyer is not accurate,the rights and obligations are not clear,the construction of the duty lawyer workstation is not in place,and so on,which is also affecting the role of the Duty Lawyer System.Puyang city began to carry out the Duty Lawyer System from 2010,so far this system has achieved initial results.It is an epitome during the judicial practice of Duty Lawyer System of our country.Therefore,taking Puyang as an example,this paper studies the implementation status of the Duty Lawyer System from the aspects of the role orientation and system structure of the duty lawyer,which is not only the enrichment of the theory of the Duty Lawyer System,but also the content consummation of the legal aid system.Furthermore,because the duty lawyer is involved in the investigation and prosecution of criminal cases and the trial stage,the perfection of the Duty Lawyer System also plays a key role in the perfection of the criminal defense in our country.It is beneficial to push the development of the Duty Lawyer System construction,and to push the transformation of the criminal procedure mode from adversarial to consultative,so as to promote the development of the construction of criminal procedure system and judicial system in our country.This paper investigates the implementation of the Duty Lawyer System in Puyang city by means of historical analysis and empirical analysis to analyzes the existing problems and to deeply analyzes the causes of these problems.From the beginning of carrying out the Duty Lawyer System to the present,while the work of the duty lawyer in Puyang City has made a lot of achievements,it has also exposed a lot of problems,such as the imperfect laws and regulations,and the low degree ofspecialization of the duty lawyer staff and the implementation of Duty Lawyer System is not in place,etc.Therefore,it is the most important to further develop the Duty Lawyer System in Puyang city that how to strengthen the role of the Duty Lawyer System while implementing the Duty Lawyer System and to solve the problems arising from the judicial practice of the Duty Lawyer System.In the light of the specific situation of Puyang City,this paper puts forward an improvement scheme from the aspects of construction of workstations,fund raising,personnel management and supervision mechanism,and position the role of the duty lawyer as a ’prospective defender,with a view to improving the system of duty lawyer and improving the work quality of duty lawyer in Puyang city.It also provides an important reference and experience for the all-round promotion of Duty Lawyer System in our country.