A Study On The Agency System Of Criminal Appeal Lawyers

In the "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Promoting the Rule of Law in the Country",it was proposed that "for complaints against effective judgments and decisions of judicial organs,the system of lawyer representation should be gradually implemented.For complainants who cannot afford a lawyer,it should be included in the scope of legal assistance." This indicates that China attaches great importance to the issue of appeal and has made clear the solution to the issue of appeal,namely,the implementation of the system of lawyer representation for appeals.This article discusses the connotation of the criminal appeal lawyer agency system,analyzes the current situation and problems of the system in preliminary practice,and based on this,launches a prospect for the improvement of the criminal appeal lawyer agency system.This article first discusses the connotation of the criminal appeal lawyer agency system.Starting from the criminal appeal itself,combined with the constitutional right of appeal granted to citizens and the appeals against different objects in the criminal procedure law,it comprehensively differentiates and analyzes the concept of criminal appeal that this article intends to explore,and clarifies the specific procedures for criminal appeals based on this concept.Based on China’s Criminal Procedure Law,relevant judicial interpretations,and judicial documents,it is concluded that the characteristics of the criminal appeals lawyer agency system are exclusive,mandatory,and protective.It is concluded that the lawyer agency appeal system is applicable to the entire process of the appeal process,and its service objects vary according to the different prosecution authorities.The service content includes various matters involved in the parties’ lawful exercise of the right to appeal.Secondly,it discusses the current situation and problems of the criminal appeals lawyer agency system.Through an analysis of the pilot situation of the Supreme Court Circuit Court system and the practices of grassroots courts in implementing the system,we can learn the operation of the criminal appeal lawyer agency system in judicial practice.From this situation,we can conclude the problems existing in the system: substantive review has been conducted before filing a case,lack of openness in the review,lack of provisions and guarantees for the litigation rights of the attorney representing the appeal,and low attention paid to the opinions of the attorney representing the appeal.Then,it analyzes the relevant content of the extraterritorial criminal appeals lawyer agency system,and draws useful experiences that are worth learning from in China.Finally,in response to the above issues,the author proposes ways to improve the criminal appeals lawyer’s agency system: clarifying the criminal appeals lawyer’s agency system,establishing a criminal appeals lawyer on duty system,clarifying the litigation rights of acting as a appeals lawyer,and establishing an incentive mechanism,establishing a mechanism to listen to lawyers’ opinions during the criminal appeals stage,and improving the criminal appeals legal aid system.