Research On The Problems And Countermeasures Of Legal Aid Duty Layer Institution In China

Compared with foreign research,the research on the duty lawyer system in China started relatively late.Since the pilot work was carried out in 2006,with the promotion of a series of new systems,scholars and the government have paid great attention to the duty lawyer system.In the implementation of the system,the understanding of the system is limited to the leniency system of pleading guilty and punishment.With the deepening of the understanding and the deepening of the research,the lawyers on duty are considered to lead the "first mile of criminal defense".As a new force,on duty lawyers make up for the absence of defense lawyers in cases other than entrusted defense and designated defense,and make an important contribution to the goal of "reducing procedures" but "not reducing rights".In order to protect the rights of the accused,the lawyer on duty,the appointed lawyer and the entrusted lawyer should be an important force in the full coverage design of the defense lawyer.The "working methods for legal aid lawyer on duty" issued in 2020 has great guiding significance for the construction of the lawyer on duty system.Among them,the duty of meeting lawyers and the right of examination for the suspect and defendant are clearly assigned.Meanwhile,the duty lawyer can make suggestions on the sentencing suggestion of the procurator,and stipulate the duty of the duty lawyer,especially the duties that should be done in the case of confession and punishment.The legal aid law(Draft)put forward in January 2021 regards the legal aid provided by lawyers on duty as a service form of legal aid.The legal aid institutions manage the duty performance of lawyers on duty.The system of lawyers on duty needs to be further improved.This paper briefly summarizes the basic meaning and characteristics of China’s lawyer on duty system,as well as the criminal value of legal aid,expounds the practical value of the lawyer on duty system,and sums up the experience that can be used for reference in China’s practical application,Through the analysis of the problems existing in the operation of China’s lawyer on duty system,this paper puts forward some specific measures for improvement and Perfection: first,it is clear from the legislative level that the lawyer on duty should have the identity of defender,which helps to realize the rights and interests of the accused.Second,the litigation rights of lawyers on duty should be improved,and the lawyers on duty should be given the same rights to meet,read papers and apply for investigation and evidence collection as ordinary defense lawyers;third,the transformation and connection between lawyers on duty and defense lawyers should be unblocked,and the full coverage of criminal defense should be implemented.Fourth,improve the supporting system of lawyers on duty.Fifthly,the source of lawyers on duty is increased and the entry and exit standards are established.On the basis of ensuring the quality of legal aid,the problem of fewer judges on duty and more cases is solved.