新刑事诉讼法视野下值班律师制度的价值解构与路径选择

Value deconstruction and path choice of duty lawyer system from the perspective of New Criminal Procedure Law

2018年新刑诉法确立了认罪认罚从宽的处理原则,并增加了值班律师等规定。值班律师制度具有保障被追诉人合法权益、节约司法资源和提高司法效率,进而推进司法公正的作用。由于制度的不完善,在司法实践中依旧存在着值班律师职能定位不明确、权利保障和权利配置不到位、管理机制不健全等问题。要进一步完善值班律师制度,使其与司法机关工作相衔接,发挥应有的作用,以体现并保证司法的公正价值和效率价值。

The New Criminal Procedure Law of 2018 established the principle of lenient treating the parties who plead guilty,and added regulations such as duty lawyers.The duty lawyer system has the function of guaranteeing the legitimate rights and interests of the prosecuted,saving judicial resources and improving judicial efficiency to promote judicial justice.However,due to the imperfection of the system,there are still problems in the judicial practice: the unclear positioning of the duty lawyers,the imperfect rights guarantee and rights allotment and the imperfect management mechanism.It is necessary to further improve the duty lawyer system so that it can be linked with the work of the judiciary and play its due role to reflect and guarantee the fair value and efficient value of the judiciary.