试论认罪认罚从宽制度中的律师有效参与

On the Effective Participation of the Lawyers for the Leniency System of Pleading Guilty and Accepting Punishment

辩护律师的充分、有效参与对于认罪认罚从宽制度的有效实施是不可或缺的。然而,目前国内刑事辩护率普遍较低、律师辩护质量亟须提高的现状,与认罪认罚从宽制度的运行并不协调。应遵循有效辩护原则,立足中国现实,从扩大法律援助范围、严格值班律师制度、实行强制辩护制度、保障律师执业权利、制定律师辩护业务规范等方面入手,探寻中国认罪认罚案件中律师有效参与的现实路径。

The full and effective participation of defense lawyers is indispensable for the effective implementation of the leniency system of pleading guilty and accepting punishment. However, at present, the practice of criminal defense in Chi- na is generally few, and the quality of lawyer＇s defense is in urgent need of improvement, therefore the situation is not in harmony with the implementation the system. We should follow the principle of effective defense, take the reality of Chinese legal situation as the basis, and start from the expansion of legal aid, strict on-duty lawyer system, compulsory defense sys- tem, safeguarding the rights of lawyers, and developing regulations for lawyers＇ defense practice, so as to explore the realis- tic path for effective participation of lawyers in the leniency system of pleading guilty and accepting punishment.