The identity of duty lawyers in China should be defined as restricted defenders.Unlike foreign countries, duty lawyers in China play multiple functions such as emergency, consultation, guarantee and assistance. However, in judicial practice,the time point for duty lawyers to engage in the litigation is late and they are in lack of basic litigation rights. Coupled with’duty’characteristics, in fact, they only assume the role of a witness of admission of guilt and acceptance of punishment and provide certain legal advice services. Under these circumstances, the multiple functions are difficult to effectively exert. Combined with the functional characteristics of duty lawyers in different stages of proceedings, it is necessary to clarify the time point for duty lawyers to engage in litigation, to endow them with necessary litigation rights, such as the right to be present, the right to consult case files and the meeting right, which match their’duty’characteristics, to enrich the team of duty lawyers, to strengthen business training and material guarantee and to improve the work evaluation mechanism so as to enhance the effectiveness of the legal aid provided by duty lawyers.
