刑事案件律师辩护全覆盖的实现路径

Realization Path of Full Coverage of Lawyer’s Defense in Criminal Cases

刑事案件律师辩护全覆盖自2017年试点以来,在保障当事人的辩护权、实现控辩平等、促进法律援助制度的发展上都发挥了重要作用。但是,在依法治国理念和庭审实质化改革的背景之下,我国的刑事辩护和法律援助水平仍然与国际社会存在较大差距,实践中也存在诸多障碍。应当建立多元主体的刑事辩护法律援助模式,充分发挥值班律师的作用,保障律师的数量,探索建立律师分级制度和案件质量监督评价体系,调整资金分配及补贴标准,逐步探索符合中国国情和法治水平的刑事案件律师辩护全覆盖模式。

Full coverage of lawyers’defense in criminal cases since the pilot in 2017,it has played an important role in protecting the parties’right to defense,realizing equality between prosecution and defense,and promoting the development of the legal aid system.However,under the background of the concept of ruling the country by law and the substantive reform of court trial,there is still a large gap between China’s criminal defense and legal aid level and the international community,and there are also many obstacles in practice.We should establish a criminal defense legal aid model with multiple subjects,give full play to the role of lawyers on duty,ensure the number of lawyers,explore the establishment of a lawyer classification system and a case quality supervision and evaluation system,adjust the fund distribution and subsidy standards,and gradually explore a full coverage model of criminal defense lawyers in line with China’s national conditions and the level of the rule of law.