Research On Duty Lawyer System

Since the trial of the duty lawyer system in 2006,it has experienced more than ten years of development in China,and has received extensive attention from the theoretical and practical circles.With the implementation of the trial-centered criminal litigation system reform,the construction of the duty lawyer system has become an indispensable subject.In August 2017,the “Two High and Three Departments”(1)jointly issued the “Opinions on the Work of Legal Aid Duty Lawyers”,which uniformly stipulated the duties,work guarantees and supervision and management of duty lawyers.In October 2018,the Sixth Session of the Standing Committee of the 13 th National People’s Congress voted on the decision to amend the Criminal Procedure Law of the People’s Republic of China(hereinafter referred to as the “New Criminal Procedure Law”).The New Criminal Procedure Law adheres to The "legal help" status of the duty lawyer.The establishment of the duty lawyer system is an important measure to promote the trial-centered litigation system reform in China.It implements the spirit of judicial reform,enhances judicial quality and credibility,constructs and improves the human rights protection system,implements a confession and punishment system,and guarantees the smooth conduct of litigation.Every aspect is of great significance.Although the above legal norms have provisions for the duty lawyer system,there are still deficiencies in these regulations.For example,the status of the lawyer on duty is not clear enough;the right to work as a lawyer has certain limitations,lacking the necessary litigation rights such as voting rights and interview rights;the procedures of the duty lawyers are not well connected.The existence of these problems will inevitably affect the duty lawyers to play their full role.Therefore,the definition of the lawyer on duty,the corresponding litigation rights of the duty lawyer,and the discussion of the transition procedure should be paid enough attention.The body of this article is divided into the following sections:The first part is an overview of the duty lawyer system.Firstly,starting from the three stages of project pilot,comprehensive exploration and judicial reform construction,this paper introduces the evolution process and evolution characteristics of the duty lawyer system in China.Secondly,it discusses the relationship between the duty lawyer system and related systems,and sorts out the connection and difference between the duty lawyer system and the legal aid system and the defense system.The second part is the study of the problem of the duty lawyer system.This part is the key research part of this paper.It mainly studies from the perspective of the duty lawyer system itself and the problems in practice.It focuses on the positioning of duty lawyers,the limitations of duty lawyers’ practice rights,the connection of duty lawyers’ procedures,and the management of duty lawyers.Aiming at the positioning problem of duty lawyers,from the perspective of its legislative orientation and main points of view,it puts forward the idea of positioning duty lawyers as “quasi-defenders”;the limitations of the right to work for duty lawyers are limited by their legislative limitations and their practicing rights.The two aspects of the operational dilemma caused by the limitation are discussed.For the connection problem of the duty lawyer system,the problem is based on the connection between the duty lawyer and the legal aid lawyer,the entrusted defense lawyer,and the procedural connection problem in different litigation stages.For the management problem of the duty lawyer,The discussion was carried out from three perspectives: selection mechanism,evaluation mechanism and treatment standard.The third part is the analysis of the reasons for the problems in the duty lawyer system.Through the analysis of the phenomenon,the deep-seated reasons are mainly analyzed for the reasons of the conflict between the nature of the lawyer and the obligation to undertake,the lack of effective defense awareness,clear normative guidance,and insufficient guarantee of effective operation of the system.In view of the conflict between the nature of lawyers and their obligations,from the professional nature of lawyers,the obligation of lawyers in the duty lawyer system,the nature of lawyers and the conflict performance of commitments,the paper analyzes the effective performance of the system.The human resources and financial resources of the system are effectively discussed,and the reasons for the development of the system are discussed from the perspective of the duty lawyer system itself,legal norms and judicial practice.The fourth part is to solve the problem of the problem of the duty lawyer system.Firstly,it introduces the British,Canadian and Japanese duty lawyers’ systems,and makes a comparative analysis of them.From this,it draws the establishment of a sound rights notification system,the entry barrier for strict duty lawyers,the establishment of a uniform duty lawyer’s telephone consultation service,and the expansion of duty lawyer system services.The experience of the object.Secondly,it puts forward the proposal to solve the system of duty lawyers in our country,that is,to clarify the position of the lawyers on duty,to give them relevant litigation rights;to improve the working mechanism of duty lawyers;to strengthen the procedures of the work of duty lawyers;to improve the guarantee mechanism of duty lawyers.