Study On The Effective Help Of Duty Lawyer In The Case Of Leniency Of Guilty Plea

Leniency system of guilty plea is an important part of China’s judicial system reform,which aims to realize the diversion of procedures in simple and complicated criminal cases and improve the efficiency of litigation.While the system simplifies the procedure,it will inevitably damage the rights of the accused,so the system of on-duty lawyer came into being.The duty lawyer is of great significance in the legal selection of procedure and the reasonable proposal of sentencing,and in essence,it also guarantees the voluntary nature of the accused to confess his guilt.However,the position of duty lawyer in the legislative norms is unclear,and the lack of rights protection leads to the passive role of duty lawyer in the process of participation,which can not effectively play its function.In practice,there are endless problems such as "witness humanization" of on-duty lawyers,lack of fund subsidies dampened their enthusiasm in performing their duties,lack of attention from procuratorial organs,and unsmooth connection mechanism,which have affected the normal operation of the system.Therefore,this paper clarifies the identity and functional orientation of the duty lawyer from the source,through sorting out the problems and causes in legislation and practice,in-depth study of the factors that affect the normal operation of the system,in order to explore the perfect law for the effective legal help of the duty lawyer.This paper is divided into the following four chapters.The first chapter is the evolution and value of the effective legal help of the duty lawyer in the case of guilty plea.The connotation and duty of legal help of duty lawyer are discussed in detail.The duty lawyer in China has been given the status of legal helper after preliminary establishment,development stage and deepening stage.In judicial practice,the duty lawyer’s duty to promote the procedure and help the entity right plays an important role in protecting the basic rights of suspects and defendants.The second chapter analyzes the validity of legal help of duty lawyer.The study shows that the identity and function of duty lawyer are not clear,which leads to frequent problems in practice.Among them,the core problem of effective help has not been implemented,the two sides have different opinions,and there is a lack of connection and guarantee mechanism,which reflects the situation that the lawyer on duty passively participates in the process of admitting guilt and punishment,and has improper cooperation with the procuratorial organ,and has not substantively guaranteed the basic rights of the accused.The third chapter analyzes the reasons why the duty lawyer’s position is vague and the legal help can’t reach the expected effect.This phase analysis relevant provisions of the criminal cases on duty lawyer in our country,and some specific measures and implementation in practice,find the problem root lies in the legal norms on duty and the lawyer’s procedural rights,supervision,security needs to be perfect,for the following implementation on duty lawyer pleaded guilty to participate effectively in forfeit their case.The fourth chapter is based on the reference of foreign beneficial provisions on duty lawyer,put forward the relevant suggestions to improve the effective legal help of duty lawyer in China,in order to solve the above-mentioned problems,clear the identity and function positioning of duty lawyer.Finally,it puts forward some measures to construct the related supporting mechanism of the duty lawyer,so as to standardize the working mechanism and supervision mechanism of the duty lawyer,and better play the important function of the duty lawyer in safeguarding the leniency procedure of guilty plea.