| When the criminal procedure law was revised for the second time in 2012,the legal aid defense system was improved at the legal level.For example,the public security and judicial organs can notify legal aid institutions to provide legal aid defense for the accused under legal conditions;Advance the stage of legal aid defense to the pre-trial stage;The range of recipients has expanded.In October 2017,the Ministry of justice of the Supreme People’s court jointly issued the pilot measures,[the full name is the measures on carrying out the pilot work of full coverage of lawyers’ defense in criminal cases,hereinafter referred to as the pilot measures.] The pilot measures have promoted the further development of the legal aid defense system.When the criminal procedure law was amended for the third time in 2018,the accused also obtained the right to legal aid and defense in absentia.[see article 293 of the code of criminal procedure 2018 for details.] In order to meet the needs of the new era and adhere to the people-centered legislative principle,the legal aid law was also implemented in 2022,which expanded the form and scope of legal aid defense.With the formulation and revision of various laws and judicial documents,the legal aid defense system has further developed,which also plays a guiding role in the implementation of the system.However,due to the uneven development of legal aid defense in provinces and cities across the country,there will be differences in the implementation of various laws and judicial documents,which also leads to some problems in the implementation of the current legal aid defense system,such as the overall narrow scope of legal aid defense,insufficient financial guarantee,insufficient supervision of defense quality and so on.Through the investigation and interview on the implementation of the legal aid defense system of F Legal Aid Center,this paper hopes to find the problems existing in the implementation of the system,deeply analyze the causes of the problems,and put forward effective improvement suggestions combined with the reasons.It is hoped that the legal aid defense system of F Legal Aid Center will be better implemented to achieve the expected effect of the formulation and modification of the system.This paper discusses the implementation of the legal aid defense system of F legal aid center from four parts.The first chapter describes the basic situation of the investigation on the legal aid defense of F legal aid center.Explain the reasons for choosing the legal aid center of F City as the research site;Describe the research process;The research methods are introduced.The second chapter is the sorting and analysis of the data and materials obtained from the investigation of the legal aid defense of F legal aid center.The author shows the data and materials obtained by the research by combining tables and graphics,and states and analyzes the contents reflected by the data and materials.Including the type of personnel in the legal aid center;The number,source,expenditure,subsidy and lawyers’ handling of legal aid defense cases;The effectiveness of the implementation of the legal aid defense system.The third chapter analyzes the problems and causes of the implementation of legal aid defense system in F legal aid center.After sorting out the data and materials collected by investigation and interview,the author summarizes the following problems and causes:the task of legal aid center is heavy;Less legal aid and defense are provided in the pre-trial stage;Insufficient fund guarantee;The quality of legal aid defense is not good;Insufficient quality supervision;Lack of corresponding training in legal aid and defense.The fourth chapter is the improvement suggestions on the implementation of the legal aid defense system of F legal aid center.Including increasing the number of staff in legal aid centres;Increase the number of legal aid and defense in the pre-trial stage;Strengthen the guarantee of legal aid defense funds;Establish a special team of legal aid defense lawyers;Strengthen the supervision of the quality of legal aid defense;Strengthen legal aid and defense training. |
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