Research On The Role Orientation Of Lawyers On Duty From The Perspective Of Substantial Participation

The on duty lawyer system in China has undergone years of experimentation and development,gradually establishing an important position in the legal aid system.As an important role in criminal litigation legal aid,on duty lawyers can fill the gaps in legal aid in special circumstances,promote human rights protection and judicial fairness,and their role value has also been recognized in various stages of criminal litigation.However,the current criminal litigation legal aid system tends to categorize duty lawyers as "limited legal helpers".The formal requirements and substantive benefits of legal assistance need to be further standardized,and the depth and boundaries of legal assistance are also controversial.Such vague role positioning not only makes it difficult for duty lawyers to substantively participate in criminal litigation,but also limits the presentation of their role value,mainly reflected in the awkward litigation status The reform of China’s criminal litigation legal aid system should be based on practical needs,while critically drawing on relevant experiences and lessons from foreign countries,and timely adjusting and responding to practical needs at the legislative and practical levels.Efforts should be made to improve the current problems in three dimensions: litigation status,rights and responsibilities,and subject role,Rectify the positioning deviation of the role of duty lawyers,endow them with flexible and broad substantive participation channels,and explore various directions for duty lawyers to play a substantive role.