Study On The System Of Duty Lawyer’s Rights And Responsibilities

With the popularization of the concept of protecting human rights,the cause of legal aid in various countries has been continuously promoted,and the system of duty lawyer has emerged at the right moment.Duty lawyer system is a top-down welfare reform,In terms of development and improvement,we should also build a good duty lawyer system.This paper mainly studies the rights and obligations of compulsory lawyers.For the study of "rights",the criminal procedure law was revised in 2018 intends to give duty lawyers the necessary procedural rights necessary for their performance of duties,thus making the legal assistance of duty lawyers more substantial.In terms of "responsibility",it is necessary not only to study the legal responsibilities of duty lawyers,but also to pay attention to the legal responsibilities during their performance of duties.Before discussing the rights and duties of duty lawyers,it is necessary to define their status.Only after the identity of the duty lawyer defender is clearly defined,its work responsibilities can be further standardized and its rights can be reasonably expanded.The clear position of duty lawyer’s role is an important basis for the full empowerment,and the confirmation of his right is the premise of his effective performance of duty.The duty lawyer has not been developed for a long time in China.Theoretically,the rights and duties of the duty lawyer have not been thoroughly studied.In practice,duty lawyers often fail to perform their duties,encounter obstacles and dissimilation of the system.The duty lawyer’s function positioning is not clear,the right allocation and protection is not in place,the management mechanism is not perfect and so on,which makes the important role of the duty lawyer system difficult to play effectively,and the preset system function fails to be effectively realized.Based on the basic theory of the duty lawyer,this paper analyzes the role orientation and power and responsibility system of the duty lawyer.Based on the current norms and judicial practice,the rights and duties of duty lawyers are sorted out,and the conflicts and problems faced by duty lawyers are summarized.Then examine the legislation on duty outside lawyers and run the status quo,combined with China’s national conditions analysis,which can be used for reference the final from the function of the duty lawyer clearly positioning,and perfect duty lawyer’s rights configuration,build the responsibility of the duty lawyer system,such as supporting the diversification of duty lawyer safeguard mechanism perspective,try to put forward the perfect our country the path of the duty lawyer accrual system.The aim is to make the duty lawyers play a greater role in promoting the implementation of legal aid and the system of confession and punishment and protecting the rights and interests of suspects.