认罪认罚从宽制度中的律师参与

Lawyer Participation in the Leniency System for Confession and Punishment

认罪认罚从宽制度改革为我国刑事辩护的实质性发展提供了良好契机。在制度适用中强调律师的有效参与,是"辩护权主体与辩护权行使主体相分离"大背景下,维护被追诉人认罪认罚质量性、自愿性和有效性的必然选择。现阶段亟需在提高刑辩律师数量与能力的同时,逐步构建起科学完备的法律援助机制,从而最终实现认罪认罚从宽制度中律师的有效参与。

The reform of leniency for confession and punishment provides a good opportunity for the development of criminal de- fense in China. Effective lawyer participation can defend the rights of subject and right of defense exercise subject under the back- ground of separation. The defendant pleaded guilty to maintenance penalty, voluntary quality and effectiveness of the inevitable choice. At this stage, it is urgent for us to improve the number and ability of criminal defense lawyers, and gradually establish a scientific and complete legal aid mechanism so as to realize the effective participation of lawyers in the system of pleading guilty and lenient punishment.