The Mechanism and Roots of Sequential Conflicts between Legal Aid Defense and Entrusted Defense
In recent years,there have been frequent conflicts between legal aid defense and family entrusted defense in a series of influential cases.This phenomenon has dealt a significant blow to the traditional principle of Client Priority established in China,and has also had a negative impact on the credibility of judicial organs and the public welfare of legal aid.We can summarize the ecology of conflicts between legal aid defense and entrusted defense from a series of typical cases.The formation of the conflict is based on the information isolation between the suspect and the defendant,and the asymmetric information between the suspect/defendant,their close relatives and their entrusted lawyers provides conditions for the conflict.Fundamentally speaking,the conflict between legal aid defense and entrusted defense is a product of the conflict between the excessive enthusiasm of the entrusted lawyer for defense and the smooth handling of the case by the investigating party.It is the result of the conflict between the loyalty obligation of the lawyer and the public interest obligation.Overly enthusiastic defense by lawyers cannot be prohibited solely from the perspective of disciplinary systems,but should also be alleviated from the perspectives of defense rights protection and procedural sanctions.
legal aid lawyerloyalty obligationzealous defenseinformation isolation
NETL
NSTL
万方数据
维普
