On The Construction Of Compulsory Lawyer Agency System In Retrial Procedure

The publishment of "Opinions on Gradually Implementing the System of Representation of Petitioners by Lawyers" and "Measures for Launching the Pilot Program of Full Coverage of Defense Lawyers in Criminal Cases" in 2017 all highlight the positive role of lawyers in proceedings.The developed countries have basically established compulsory lawyer agency system;however,there is still a legislative gap in China.The advantages of the compulsory lawyer agency system is gradually emerging and the voice of introducing the system is getting louder.While in China,it is not feasible to introduce the compulsory lawyer agency system thoroughly.Based on this fact,the author analyses the implementation of the compulsory lawyer agency system in retrial procedure from the prospective of civil and administrative litigation to put forward an assumption of constructing the system.The essay will be divided into four parts,and the details are as follows:In the first part,by analyzing the current situations of the compulsory lawyer agency in retrial procedure,the author finds that the compulsory lawyer agency system in retrial procedure remains in a state of legislative gap.Due to the fact that there is no compulsory lawyer agency system to apply for retrial,resulting in a low rate of retrial application.And researches studied on the compulsory lawyer agency system is less.In the second part,the author studies on the legislation of the compulsory lawyer agency system in retrial procedure in the countries outside this region by means of comparative analysis.For example,it is requested that cases in the retrial procedure must be acted by a lawyer in Macao,and cases in retrial procedure are all requested a lawyer to act except those handled in some levels of courts in Germany,Japan and France.The United Kingdom and the United States do not stipulate a compulsory lawyer agency system in the retrial procedure.In the third part,the author analyses the necessity and feasibility of constructing the compulsory lawyer agency system in retrial procedure in China.Argues the necessity of the implementation of the system based on the particularity of the retrial procedure,the improvement of litigation efficiency and the reduction of litigation costs.And argue the feasibility from 3 angles,including the theoretical basis of the implementation of the system,the policy guarantees and the talent protection.In the last part,based on the above analysis and argumentations,the author puts forward an assumption of the construction of the system with feasibility and provides suggestions from four aspects:the obligations of judicial authority and retrial applicant,the unfavorable consequences of breach of obligation,the commitment of lawyers’ fees and the improvement of related supporting facilities.