In today's society, legal aid lawyers on duty have become a relatively common profession. This job maintains a certain degree of professionalism, and at the same time, it can help lawyers to work and improve work efficiency to a certain extent. But this job is required, so what are the benefits of the regulations on the duty of legal aid lawyers? Let's take a look with Bian Xiao.
What are the advantages of providing legal aid to lawyers on duty?
In order to provide more comprehensive, convenient and high-quality legal aid services to poor and vulnerable parties, it has become necessary and possible to explore the establishment of legal aid duty lawyer system by drawing on the advanced experience of foreign legal aid development and combining with the needs of China's judicial system reform.
First, the establishment of legal aid lawyers is conducive to saving litigation resources.
At all stages of litigation, the establishment of legal aid lawyers can not only provide more convenient, fast and efficient legal aid services for the parties, but also divert litigation, shorten the limitation of litigation, reduce litigation pressure and save litigation costs to a great extent. For example, after the establishment of the duty lawyer in the civil court, when the parties file a lawsuit in court, they can consult the duty lawyer first, whether it is necessary to file a lawsuit, what kind of lawsuit to file, whether the parties meet the conditions of legal aid, what is the way to apply for legal aid, how to get the help of social lawyers, and so on. The lawyer on duty can also directly help the parties to apply for legal aid, so that the parties who meet the conditions of legal aid can get legal aid services in time. Through the on-site service of the lawyer on duty, not only can the parties avoid the pain of running around between relevant departments, but also point out the direction for whether and how to file a lawsuit.
Second, the establishment of legal aid lawyers is conducive to maintaining the balance between prosecution and defense and realizing criminal justice.
Criminal proceedings are directly related to the deprivation of citizens' personal freedom and even their right to life, and to the security of the whole society. In the criminal legal aid system, the criminal lawyer on duty can answer questions raised by the parties about court procedures, legal aid, parole, crimes and possible penalties, defense and so on. Help the parties to apply to the court for an extension of the trial; Assist the defendant's lawyer in handling court affairs; Meeting with detainees; Strive for the early release of the defendant, etc. The establishment and improvement of the legal aid lawyer system will play a very important role in maintaining the balance between prosecution and defense, ensuring the prudence and justice of criminal judgments, especially death sentences, and effectively protecting the substantive rights and litigation rights of criminal legal aid objects.
Third, the establishment of legal aid lawyers is conducive to changing the image of legal practitioners in the public.
The establishment of legal aid lawyer system can give full play to the role of lawyers.
The professional advantages of the Group provide high-quality services for clients, thus establishing the image of lawyers practicing in the public and giving full play to the role of legal aid in building a harmonious society. In addition, the establishment of a legal aid lawyer system in relevant institutions at all stages of litigation can effectively supervise the activities of the public security personnel and urge the public security personnel, prosecutors and lawyers who master the state public power to form the habit of doing things according to law.
Fourthly, from the perspective of the legal basis and the development of legal aid, it has become possible to establish a legal aid lawyer system.
Judging from the legal basis, the Criminal Procedure Law, the Lawyers Law and other departmental laws, as well as the State Council's Legal Aid Regulations, have clear provisions on lawyers' legal aid obligations, the responsibilities of legal aid lawyers, the scope of legal aid services, and the time period for lawyers and legal aid agencies to intervene in litigation.
Article 11 of the Regulations on Legal Aid clearly stipulates: "In criminal proceedings, citizens may apply for legal aid from legal aid institutions under any of the following circumstances:
(1) The criminal suspect fails to hire a lawyer due to financial difficulties after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken;
(2) The victim of a public prosecution case and his legal representative or close relatives have not entrusted an agent ad litem due to financial difficulties since the date when the case was transferred for examination and prosecution;
(three) since the case of private prosecution was accepted by the people's court, the private prosecutor and his legal representative have not entrusted an agent ad litem due to financial difficulties. All these provide a legal basis for legal aid lawyers to intervene in litigation activities immediately. Judging from the existing practice, legal aid lawyers provide some immediate legal assistance to the parties in the police interrogation stage, which will not only hinder the interrogation activities of the police organs, but also eliminate the substantive inequality of the parties by providing equal protection in procedure, and at the same time save a lot of litigation costs, which is conducive to the smooth development of litigation work.
As can be seen from the above, the provisions of legal aid lawyers are extremely clear. To some extent, the provision of legal aid lawyers can safeguard judicial justice, save litigation costs and improve the image of legal practitioners. These are the advantages of the Legal Aid Duty Lawyer Regulation.