Research On Effective Legal Help Of Duty Lawyers

In criminal procedure,the introduction of duty lawyer system has improved the legal help system of criminal procedure in China,which has the function of protecting the legitimacy of criminal suspects and defendants’ guilty pleas.However,it has always been thought that the legal help of duty lawyers in our country presents a trend of formalization.The duty lawyers are unable to participate in a case in a substantive way,and their "helper" status is difficult to cash.Instead,they are gradually reduced to "witnesses" when criminal suspects sign a confession and punishment statement.In October 19 th,the expression of effective legal help appeared for the first time in the Guiding Opinions on the Application of the System of Lenient Punishment for Guilty Pleas.Thus,it is clear that criminal suspects and defendants have the right to obtain effective legal help.In this paper,the effectiveness of legal help for current duty lawyers was studied,and feasible suggestions were put forward to improve the formalization problem of duty lawyers’ legal help and improve the quality of duty lawyers’ legal help based on the realistic difficulties faced by current duty lawyers’ legal help.This paper is divided into four parts:The first part is the analysis of basic theory.First of all,define the research object of this article.This article will study the duty lawyers in criminal proceedings,not other types of lawyers on duty.Secondly,it summarizes the characteristics of the legal assistance provided by the duty lawyers.The legal assistance provided by the duty lawyers has the characteristics of public welfare,foundation,timeliness and security.Furthermore,it explains the multiple purposes and functions of the legal assistance of the duty lawyers.Finally,three evaluation criteria for effective legal assistance of duty lawyers are clarified.The second part combines with the judicial practice of various parts,and analyzes the obstacles facing the effective legal help of duty lawyers,including three aspects: the first aspect is that the duty lawyers’ performance of duty incentive is insufficient in both material incentive level and spiritual incentive level;The second aspect is the lack of supervision of duty lawyers,and the scientific and reasonable quality evaluation system of duty lawyers has not yet been formed.The third aspect is that the duty lawyers’ working mechanism is not perfect,the duty lawyers’ rights and responsibilities are not clear,whether to intervene in the case stage is unclear,and the work cohesion mechanism is not perfect.The third part selects several foreign countries with representative significance of duty lawyer system,namely Britain,Japan,Canada and New Zealand.The paper summarizes the unique measures formed by these four countries to improve the effectiveness of the duty lawyer service and puts forward the reference significance for China.One is to ensure the immediacy of the duty lawyers’ involvement in the case,the second is that the legal help of the duty lawyers can be initiated by multiple channels,and the third is to strengthen the professional training of the duty lawyers.The fourth part is based on the reality of China,put forward many countermeasures to improve the effectiveness of the legal help of duty lawyers in China.The first is to explore the implementation of lawyers on duty system to expand the team of duty lawyers;The second is to strengthen the timeliness of duty lawyers to intervene in cases and safeguard the legitimate rights and interests of the accused;Thirdly,guarantee the expenses of duty lawyers and implement differentiated case handling subsidies;Fourthly,establish a continuous training mechanism for duty lawyers to improve their professional level;The five is to establish a double feedback mechanism to give the sued the right to choose duty lawyer;The six is to optimize the working mechanism of duty lawyers and strengthen the operability of legal help;Seventhly,establish the accountability system for duty lawyers so as to improve their sense of responsibility.