Research On Duty Lawyers System Practice Research

As an important part of China’s legal aid system,the duty lawyer system,from the pilot in 2006 to the revision of the Criminal Procedure Law in 2018 to formally establish the duty lawyer system,and then to the Legal Aid Duty Lawyer Work Measures in 2020 and the Legal Aid Law in 2021,China’s duty lawyer system has also tended to improve amidst intense discussions among many scholars.The duty lawyer system plays an important role in promoting justice and protecting human rights,and is an important part of the reform of China’s litigation system,promoting the construction of the rule of law in China.And in recent years,the application of plea of guilty In recent years,the application of guilty plea in practice is increasing,and the duty lawyer has an irreplaceable role in it.The duty lawyer has an irreplaceable role in the mission of judicial justice and the protection of the rights and interests of the parties.But at the same time,the duty lawyer system in judicial practice there are still some problems,we need to continue to study,improve,so that it can better play the value of the system,to serve the construction of the rule of law in China.This paper is divided into four parts.The first part firstly specifies the development of duty counsel in China from pilot to formal legislation,showing that the duty counsel system in China is constantly improving,as well as its theoretical foundation,specifically including the theory of human rights protection,the theory of procedural justice,the theory of balance between prosecution and defense,and the theory of effective defense.The second part provides a comparative analysis of the duty counsel systems of foreign countries.By comparing the duty counsel systems of the United States,the United Kingdom,Canada and Japan,and analyzing their excellent experiences,some inspirations are given to the construction of duty counsel system in China.The third part analyzes the problems of the duty counsel system in judicial practice,including the mismatch between their rights and duties,the formal assistance provided and the lack of effective connection of the duty counsel system.The fourth part,based on the analysis of the third part,puts forward corresponding suggestions for improvement,specifically including improving the litigation rights of duty lawyers,including the right to read the files,the right to meet and the right to be present at interrogations,allowing duty lawyers to refuse to sign the plea agreement when certain conditions are met,so that the judicial authorities can pay attention to their opinions on sentencing and strengthen their role in plea cases,and Establish a mechanism for the interface between duty lawyers,duty lawyers and defenders in different stages of litigation,so that the duty lawyer system can adapt to the process of modernizing the socialist rule of law in China.