On Duty Lawyer System

The lawyer on duty system is a new legal system written into the criminal procedure law.Taking a province as an example,this paper adopts the method of empirical research,through sending questionnaires to the public in P City,n city,Y City and other areas of a province,interviews the judges,prosecutors,lawyers and other judicial staff there,and obtains relevant data from relevant departments to investigate the cognition of the on duty lawyer system,the work situation of the duty lawyer and the duty lawyer system The supporting mechanism and the operation effect of the system.After that,we draw a list of the investigated situation and make statistical analysis.It is found that 11 prefectures and cities in a province have set up duty lawyer workstations,which has initially formed a system framework.The work of lawyers on duty is progressing steadily and begins to show some functions of the lawyer on duty system.However,according to all the investigation,the system of lawyers on duty in the province has just started,and it is still in the "infancy" stage.Some places are not clear,scientific,reasonable and perfect.There are still the following main problems:the public’s awareness of the system is low;there are defects in the work of lawyers on duty;the supporting mechanism of the system is insufficient The substantial effect of the system is insufficient.Then,the causes of these problems are analyzed and summarized as follows:the scientific propaganda of duty lawyer system is not enough;there are no clear regulations or unreasonable regulations;the funding is small and the source channel is single;the local government does not pay enough attention to it;there is no procedural sanction consequence.Based on these observations and analysis,we can improve the system from four aspects:strengthening the scientific publicity of the lawyer on duty system;eliminating the defects in the work of the lawyer on duty;perfecting the supporting mechanism of the lawyer on duty system;and ensuring that the lawyer system on duty can give full play to its substantive effect.