刑事诉讼值班律师制度发展研究——基于对河南省的试点调研

An Empirical Study on Development of On-duty Lawyer System of Criminal Prosecution— Based on Experimental On-duty Lawyer Pilot Project in Henan Province

我国刑事诉讼值班律师制度起步于2006年河南省开展的值班律师试点项目,经过11年的探索推进、创新发展,现已形成一套功能定位明确、制度运行多样、程序保障完善、制度配套协调的具有中国特色的法律援助值班律师制度。但从试点调研情况来看,仍然存在诸如顶层立设计度缺乏、驻地司法机关重视程度不够、值班律师工作补贴较低等亟待解决的实际问题。从全国范围来看,值班律师制度存在定位不明确、数量分布不均、在认罪认罚从宽制度中参与率低且实质作用发挥受限等问题,阻碍着值班律师制度的发展和完善。

The on-duty lawyer system of China＇s criminal prosecution was initiated after the experimental on-duty lawyer pilot project in Henan Province in 2006, and after 10 years＇ exploration, innovative promotion and development, the system has now grown into a set of clear functional orientation, multi-system operation, perfect procedural guarantee and institutional coordinated legal aid duty lawyer system with Chinese characteristics. However, the study and investigation of the pilot projects indicate that there still exist some problems which need to be urgently solved, such as ： the lack of top-level legislative system, inefficient attention of the local judicial organs, low subsidies for duty lawyers. So far as the whole country is concerned, it seems that the position of the on-duty lawyer is not clear, the number is uneven distributed, low rate of participation in guilty penalty leniency system and con- straints in role application that have hindered the development and perfection of the duty lawyer system.