Research On The Functional Orientation Of Duty Lawyer In The Case Of Pleading Guilty And Accepting Punishment

The duty lawyer system is not only an important part of the guilty confession punishment system,but also an important system that affects the smooth progress of the guilty confession punishment system and protects the human rights of the parties involved.The correct operation of the leniency plea system is closely related.Based on the analysis of the connotation of pleading guilty and punishment cases in China and the relevant content of the duty lawyer system,the systematic research on the functional positioning of duty lawyers in the United Kingdom,Canada,Japan and other countries to participate in criminal cases was also learned.As the functional positioning of China’s duty lawyers’ participation in pleading guilty and punishment cases is not yet clear in practice,leading to unsatisfactory results in participation in confession and punishment cases,therefore,the function of the duty lawyers’participation in confessions and punishment cases needs to be further clarified.At present,problems with the duty positioning of lawyers participating in the plea confession case include:The duty lawyers involved in pleading guilty and punishment cases have unclear litigation status,coarsened work responsibilities,unclear litigation rights,and inadequate guarantee mechanisms for the defense functions of duty lawyers.In the future,our country should further clarify the functional positioning of duty lawyers’ participation in confessions,the specific idea is:One is to ensure the voluntariness and authenticity of guilty plea and punishment as the core,and to clarify the litigation status of the defender who participated in the plea punishment case;The second is to focus on the identity of the defender,and refine the specific work responsibilities of the duty lawyer to participate in the confession and punishment case;The third is to provide effective legal services as the core,and clarify the specific litigation rights of duty lawyers to participate in confession and punishment cases;The fourth is to improve the guarantee mechanism for duty lawyers to participate in the defense function of plea confessions and punishment cases,with the core of duty lawyers effectively performing defense functions as the core.