Journal of Jishou University(Social Sciences)

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Duty Lawyers' Role Positioning and the Probe into Its System

LIN Bangqin   

  1. (China University of Political science and Law,Beijing 100088,China)
  • Online:2019-11-01 Published:2019-09-30

Abstract: The Criminal Procedure Law amended in 2018 stipulated the duty lawyer system as the basic system.This is a major breakthrough and progress in the defense system.The legal protection of litigation rights is one of important indicators reflecting the degree of legalization of criminal proceedings in a country.The participation of duty lawyers in criminal proceedings does not of course have the defendant's litigation status.The duty lawyer should be positioned as a special legal aid lawyer.The duty lawyer system has the intrinsic value of promoting the realization of procedural justice and promoting the efficiency of litigation.It also has the external value of making up for the short-term legal aid system,promoting the reasonable optimization of the pre-trial process and promoting the good operation of the confession and punishment.However,there are still some practical confusions in the duty lawyers.The cracking of these confusion problems is an effective way to improve the duty lawyer system.

Key words: duty lawyer, lawyer system, defense system, legal aid lawyer, litigation

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