值班律师功能保障探析

Study on Guarantee for Duty Lawyer’s Functions

在总结试点相关经验的基础上,修正后的刑事诉讼法新增值班律师制度,成为一大亮点。但是,值班律师定位失准、程序启动限制、制度保障不完善等问题严重限制了其功能的发挥。从值班律师现实需要及刑事辩护全覆盖的要求来看,应赋予值班律师辩护人身份及相关权利,建立值班律师启动程序多样机制,采取多种方式切实保障值班律师的相关权利,建立值班律师科学的惩戒激励办案机制,奠定值班律师制度的内在基础,保障值班律师功能的有效发挥。

Based on summing up relevant experiences in pilot places, the system of duty lawyer was supplemented to the revision of Criminal Procedural Law, which was praised as a bright spot. However, due to the defects such as the inaccurate positioning of a duty lawyer, the limitation on the start of procedure, the imperfect system guarantee, the duty lawyer's functions have been severely restricted. In view of the actual demand for duty lawyers and the necessity for full coverage of criminal defense, it*s imperative to grant duty lawyers the status and related rights as defenders, establish various mechanisms for the start of duty lawyer procedure, and adopt concrete measures to actually guarantee their rights. In addition, to build up scientific reward and punishment mechanisms for duty lawyers' case-handling work will lay an internal foundation for the system of duty lawyer and guarantee the duty lawyer's functions.