Research on the Duty Lawyer's Function of Effective Advocacy in Misdemeanor Cases of Guilty Plea
In the era of misdemeanour, the contradiction between the increasing number of misdemeanour cases and the limited judicial resources is prominent. In order to realize the goal of diverging complex and simple cases and reducing the burden of prosecution, the role of guilty plea system in the management of misdemeanour should be fully brought into play. There are many problems in effective defense of on-duty lawyers in guilty plea cases in China. The position of on-duty lawyers is "a witness", the performance guarantee of on-duty lawyers is insufficient, and the supervision mechanism of on-duty lawyers is missing. In the future, China needs to clarify the functional positioning of duty lawyers, adjusts the provisions on duty lawyers' involvement time, litigation rights and defense duties, and improve the supervision mechanism of duty lawyers' performance.
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- This paper adopts the concept of "effective defense" in a broad sense, that is, it mainly refers to the equal, timely and effective protection of the lawyer's right to help the accused, which is different from the narrow understanding only for the lawyer's own defense behavior and defense quality.