The Research On Duty Counsel System At The Background Of The System Of Pleas Of Guilty In China

In the process of advancing the reform which focus on the trial on the criminal proceeding system,and emphasizing the substantive trial of major and difficult cases at the same time,the reform of judicial affairs go ahead like a raging fire in order to improve the lawsuit efficiency in the cases of guilty plea.China has carried out the reform of the trial of the criminal fast-track procedure and the system of leniency to pleas of guilty since 2014.In the process of these judicial reform projects,it is extremely important for the the criminal accused person to protect their litigation rights,the duty counsel system has gradually attracted the attention of all circles.In 2014,the duty counsel system is stipulated for the first time,which is The Law about Conducting the Pilot Work of the Criminal Fast-Track Procedure in some regions;In October 2018,the newly revised Criminal Law makes clear the legal status of duty lawyers even more,criminal suspects and defendants can receive legal assistance from duty counsel in the criminal proceedings.The establishment of this system is of great significance to enhance the status and role of legal aid in criminal proceedings,and improve the mechanism of protecting criminal suspects and defendants’ rights and interests.The duty lawyer system is a system where the state purchases legal services for criminal suspects and defendants,that is to say,it is a kind of system of legal redressing that legal aid lawyers,social lawyers or legal aid volunteers provide free legal services for criminal suspects and defendants but not to examine their financial situation and the circumstances of the case involved.It is an important measure taken by our country to safeguard the litigation rights of criminal suspects and defendants.Because the system has just been established in recent years,there are still some law-making stipulations that need to be further refined.How do the duty lawyers provide substantial legal assistance to the criminal suspect and the defendant,how do the duty lawyers ensure their rights efficiently or how do the duty lawyers improve the duty lawyers’ public credibility in practice,they are still important problems demanding prompt solution.In view of this,it is necessary to conduct an in-depth study about the duty lawyer who participates in the leniency of confession,and put forward specific proposals to improve the system so that we can ensure that every criminal suspect and defendant who has the demand of legal service can get substantial legal help.Through the method of empirical research,comparative analysis,and literature research,this paper studies the validity of the duty lawyer in the case of guilty plea;The author analyses the judicial cases about duty counsel in every place to understand the participation of duty lawyers in the cases of guilty plea and punishment,further to explore the problems in practice of duty lawyers in the cases of guilty plea and punishment.The author understands the participation of lawyers in the plea bargaining process in the United States and Germany,on the basis of summing up the advantages of the relevant systems outside the country and combining with the judicial practice of our country,this paper puts forward some suggestions to perfect the duty lawyer system with Chinese characteristics,and explore the criminal procedure system with Chinese characteristics.