Research On Legal Aid Duty Lawyer System

The legal aid duty lawyer system is a new development of the legal aid system,which comes from the low rate of defense in our country.The legal aid duty lawyer system has gone through a series of processes from pilot to promotion and then to comprehensive development.The legal aid duty lawyer system has a positive meaning to the criminal proceedings,which improves the efficiency of the proceedings,realizes the balance between charge and defense,strengthens the participation in the procedure,strengthens the power supervision and ensures the fairness and justice.The emergence of the legal aid duty lawyer system also brings many questions.At the beginning,the most important problem was the relationship between the system of duty lawyer and the system of criminal procedure,which was put forward by scholars one after another.Finally,the emergence of the name of "legal aid duty lawyer" solved all the doubts,and it was officially classified into the category of criminal legal aid.The combination of duty lawyer system and legal aid not only clarified the subject of responsibility,but also showed the change of the government’s concept.In the process of implementation,there are also many problems in the legal aid duty lawyer system.We are troubled by a series of problems,such as what position the legal aid duty lawyer is in in the criminal procedure,what rights the legal aid duty lawyer enjoys,what cases are applicable and how to connect with other relevant systems.Only by clarifying these issues can we propose targeted measures to improve the effectiveness and quality of legal aid.It is the most effective way to improve the legal aid duty lawyer system to base on our country’s practice and draw lessons from foreign experience.It is an effective measure to ensure the realization of the value of legal aid duty lawyers to determine the identity of defenders,expand the content of rights,clarify the scope of application,balance the distribution of lawyers,strengthen the sense of responsibility and coordinate the relationship between systems.However,how to apply the measures to specific practice is also an urgent problem.The improvement of the legal aid duty lawyer system cannot be accomplished in one move,which requires the participation of many parties.Legal aid duty lawyers should establish correct values,advocate justice and abandon the excessive pursuit of private interests.The judicial organs should protect the rights of lawyers on duty in legal aid in accordance with the law,remove illegal restrictions and provide practice convenience.The parties shall exercise their rights in accordance with the law and seek the assistance of legal aid lawyers on duty so as to receive fair treatment in the proceedings.In addition,when drawing lessons from foreign experience,China should grasp the limits,not mechanically copy,pay attention to the combination of the actual situation of the country,so as to form a duty lawyer system with Chinese characteristics.