Research On The Legal Aid Duty Lawyer System In China

Although the trial of the legal aid duty lawyer system in China is early,the development is relatively slow.In recent years,in the context of judicial reforms such as expedited procedures,guilty plea punishment and leniency,and full coverage of criminal defense,the legal aid duty lawyer system has developed rapidly as a supporting measure for judicial reform.Legal aid duty lawyers ’work responsibilities,work operation modes,and job security have appeared in various normative legal documents,and they have been continuously improved until the revision of the Criminal Procedure Law on October 26,2018.The responsibilities of duty lawyers are specified at the level,which is an important guide for the development of the legal aid duty lawyer system.In practice,the legal aid duty lawyer system has indeed played its due role,especially in terms of improving litigation efficiency and safeguarding the lawful rights and interests of the person being prosecuted.However,some problems in the practice of the legal aid duty lawyer system can not be ignored,such as the discussion about the identity of the duty lawyer,the absence of the duty lawyer ’s rights,the poor connection of the duty lawyer system procedures,and the imperfect operation guarantee mechanism of the duty lawyer system.The problem has restricted the development of the legal aid duty lawyer system from different levels.Therefore,this article takes China’s legal aid duty lawyer system as the research object,mainly uses the literature research method,value analysis method,empirical analysis method,comparative research method and other research methods to describe the basic theory and value of the legal aid duty lawyer system,and Combined with the conclusions of empirical research,it deeply analyzes the problems and causes of China’s legal aid duty lawyer system,and on the basis of jurisprudence and excellent foreign experience,puts forward suggestions for the further improvement of legal aid duty lawyer system.In view of the problems existing in the current legal aid duty lawyer system,this article analyzes the reasons behind the problems and the investigation of the successful experience outside the region,and thinks that the improvement of the legal aid duty lawyer system proceeds from four aspects.The first is the dispute over the identity of the duty lawyer,which can be resolved by establishing a duty lawyer’s identity conversion procedure;secondly,conditionally increase the necessary defense rights of the duty lawyer according to different litigation stages,and provide guarantee for the effectiveness of the legal assistance provided by the duty lawyer;Once again,through the establishment of the interconnection of case information to complete the effective connection between the legal aid duty lawyer system and other systems and the duty lawyers at various stages of the litigation;Finally,the operation guarantee mechanism of the legal aid duty lawyer system will be perfected for the longterm Lay the foundation for development.Through these measures,I hope to promote the further development of China’s legal aid duty lawyer system and achieve the dual goals of protecting human rights and improving litigation efficiency.