Research On The Protection Of Rights Of Duty Lawyers In China Under The Background Of Leniency Of Piea And Punishment

In recent years,the features of the plea leniency system,such as reducing the adversarial nature of litigation between the prosecution and the defense and easing the severity of penal sanctions,have been highlighted in China’s criminal litigation activities.The complicated procedures in China’s criminal litigation activities have been simplified,and the allocation of judicial resources has become more legitimate and reasonable.By allocating more judicial resources to cases with high social concern,high social influence and difficult and complex cases,it is to a certain extent conducive to promoting the efficiency of litigation activities.However,the judicial system lags behind,limitations,a single plea leniency system can not be comprehensive,systematic,standardized solution to the outstanding problems in the field of rule of law practice,the need for more systems to coordinate,the duty lawyer system is developed under this condition.Since 2006,when the duty counsel system was first introduced in China to establish a pilot system,to 2018,when the Criminal Procedure Law of the People’s Republic of China(Amendment)formally provided for the duty counsel system,China’s duty counsel system has experienced twelve years of development and improvement.However,due to the limitation of China’s rule of law resources and environment,there are many problems in the operation of the duty lawyer system,and the problem of duty lawyer’s right protection is one of them,the right to meet is not sufficient,the remedy is not perfect,and the lack of relevant legislative system are the problems highlighted in the protection of duty lawyer’s right.If the rights of duty lawyers cannot be better protected,the rights of the prosecuted can not be more comprehensively protected,which will affect the development process of the duty lawyer system,and the coordination of the duty lawyer system and the plea leniency system will be affected.In this paper,we will analyze and prove the protection of the rights of duty lawyers,and then put forward the corresponding suggestions and countermeasures for the protection of the rights of duty lawyers,strengthen the supervision and review of the exercise of the rights of duty lawyers,set up diversified legal services of duty lawyers and professional training for duty lawyers.By improving the protection of the rights of duty lawyers,we can better protect the rights of the prosecuted and promote the further development and improvement of the duty lawyer system.