Analysis Of The The Full-time Duty Lawyer System

The existing duty counsel system has not only largely made up for the lack of defense in the "The Very First Kilometer" of criminal litigation procedures,but also plays an active role in ensuring the voluntary nature of the admission of guilt and punishment,and enabling the reform to streamline legal proceedings by sorting between complex and simple legal cases.With the gradual implementation of the system,the theoretical and practical problems of the existing duty lawyer system are gradually exposed,and the advantages of the system have not been fully utilized.This article by sorting out and reflecting on the existing theoretical achievements and practical research results,and referring to the useful experience of the public defender system and the duty lawyer system outside the territory,I try to put forward suggestions on building a full-time duty lawyer system in my country,so as to promote the development of the duty counsel system in my country.The full text consists of four chapters,which are described below.Chapter 1 The current situation of the duty counsel system,based on the basic connotation of the existing system,legislative process and practical problems can roughly outlines the current overall picture of the duty lawyer system in our country.By sorting out the current status of judicial practice of the existing duty counsel system,and clarifying a series of problems exposed in the operation of the duty lawyer system,Such as: the lack of substantive legal assistance;the financial guarantee mechanism needs to be improved;the impact on the healthy development of the lawyer profession.Chapter 2 The study and reference of the extraterritorial duty lawyer system compares and studies the similar systems in major countries and regions in the world,mainly including the duty counsel system and public defender system in the United Kingdom,the United States and Chinese Taiwan.On the basis of my country’s national conditions,this paper makes an analogy analysis between the foreign duty lawyer system and our country’s judicial practice,and provides a reference for the construction of a full-time duty lawyer system suitable for our country.Furthermore,it provides a systematic and systematic theoretical reference for the construction and improvement of the full-time duty lawyer system,and promotes the formation of a duty lawyer system suitable for the local legal soil of our country.Chapter 3 The comparative advantage of the full-time duty lawyer system focusing on the practical basis that the reform of "full coverage of lawyers’ defense" in criminal cases has been basically realized.The full-time duty lawyer system has the multiple advantages of simultaneously realizing the high efficiency of government administration and the professionalism of providing legal assistance to the accused.The full-time duty lawyer system also has the institutional advantage of ensuring the independence of lawyers’ work and reducing the adverse impact on the overall lawyer profession.Chapter 4 The idea of constructing the full-time duty lawyer system starts from the original intention of establishing the existing duty lawyer system in my country.This paper discusses the reality,necessity and feasibility of the local construction of the full-time duty lawyer system in my country from a relatively specific and micro perspective from five aspects: establishment method,access mechanism,work content,work system,and professional ethics training;From a relatively specific and microscopic perspective,this paper makes a relatively systematic and integrated analysis of the full-time duty lawyer system.Under the macro background of the national judicial system reform,it is hoped that the duty lawyers can play a more substantial role in ensuring the voluntary of the accused to plead guilty and accept punishment,and assisting the procuratorial authority to standardize sentencing recommendations.