论认罪认罚从宽制度中的律师参与

Lawyer Participation inthe System of Leniency on Admission of Guilty and Acceptance of Punishment

推行认罪认罚从宽制度,律师参与必不可少。律师参与对保证犯罪嫌疑人、被告人认罪认罚的自愿性、合法性意义重大。目前认罪认罚从宽制度中的律师参与,还存在参与程度不足、传统辩护空间受限以及控辩力量失衡的问题。建议从完善现有法律援助制度及律师值班制度、转变律师角色定位并创新辩护模式以及推进审判中心主义改革等方面进行完善。

Lawyer participation is indispensable for promoting the system of leniency on admission of guilt and acceptance of punishment.There is great significance for lawyers to ensure the accuser＇s voluntariness and legality of the choice about admission of guilt and acceptance of punishment.At present,the lawyer participation still has some problems,which involves that the participation is not enough,the space of traditional defense is limited and the power between procurator and defense is imbalance.In order to improve the lawyer participation,some ways are suggested：improving the legal aid system and the lawyer duty system,changing the role played by lawyers and creating the mode of defense,and promoting the reform of the trial-centeredness system.