Research On The Lawyer On Duty System In The Case Of Pleading Guilty And Lenient Punishment

The lawyer on duty system is an important embodiment of the reform of full coverage of criminal defense in the field of lenient admission and punishment,and the legal assistance provided by the lawyer on duty is a key link in ensuring the admission and punishment process.Since the "Criminal Procedure Law" was incorporated into the duty lawyer system,China has established a duty lawyer system from point to surface.However,from the perspective of judicial practice,the practical effect of effective legal assistance provided by lawyers on duty is not ideal.Therefore,how to effectively ensure the authenticity,wisdom and voluntariness of suspect and defendants’ confession of guilt and punishment,and highlight the proper role of lawyers on duty in participating in cases of confession of guilt,punishment and leniency will be a long-term challenge for the system of lawyers on duty and even the system of confession of guilt,punishment and leniency.The main problem faced by the current duty lawyer system in theoretical research is the identification of duty lawyers in cases of pleading guilty and leniency.Some scholars call it a "pre requisite problem" that needs to be addressed first.The focus of controversy over the status of on-duty lawyers in academic circles mainly focuses on several viewpoints:"legal helper","special defense lawyer","quasi defender",and "defender".Affected by the status of the lawyer on duty,the specific rights they enjoy in judicial practice are also directly related to the actual effect of providing legal assistance to the accused.Therefore,on the basis of fully understanding the connotation of the leniency system for pleading guilty and the duty lawyer system,it is necessary to further understand the basic situation and practical difficulties of the duty lawyer participating in pleading guilty and leniency cases in practice,and face up to the current shortcomings of the system in application,including unclear role positioning of the duty lawyer,limited rights to review papers and meet,lack of the duty lawyer’s right to be present during interrogation,and the right to refuse to sign under specific conditions,To address issues such as poor work cohesion mechanisms and imperfect job security systems,we propose feasible solutions from a dynamic,long-term,and developmental perspective.Specifically,we can first clarify the position of the lawyer on duty as a defender in cases of pleading guilty and lenient punishment,then improve the lawyer on duty’s right to review papers and meet,and grant the lawyer on duty the right to be present during interrogation and refuse to sign under specific conditions,improve the participation of the lawyer on duty in cases of pleading guilty and lenient punishment,and gradually improve the linkage mechanism and guarantee mechanism of the lawyer on duty in the work process,Ensure that they have the opportunity and ability to perform their legal duties diligently and responsibly,and become active"participants" rather than passive "witnesses" in cases of confession and punishment,in order to achieve the goal of substantiating the legal assistance of on-duty lawyers in cases of confession and punishment and leniency,and promote the development of the on-duty lawyer system.