ON THE SUBSTANTIATION OF THE LEGAL AID OF DUTY LAWYERS

论值班律师法律帮助实质化

The identity of duty lawyers in China should be defined as restricted defenders.Unlike foreign countries, duty lawyers in China play multiple functions such as emergency, consultation, guarantee and assistance. However, in judicial practice,the time point for duty lawyers to engage in the litigation is late and they are in lack of basic litigation rights. Coupled with’duty’characteristics, in fact, they only assume the role of a witness of admission of guilt and acceptance of punishment and provide certain legal advice services. Under these circumstances, the multiple functions are difficult to effectively exert. Combined with the functional characteristics of duty lawyers in different stages of proceedings, it is necessary to clarify the time point for duty lawyers to engage in litigation, to endow them with necessary litigation rights, such as the right to be present, the right to consult case files and the meeting right, which match their’duty’characteristics, to enrich the team of duty lawyers, to strengthen business training and material guarantee and to improve the work evaluation mechanism so as to enhance the effectiveness of the legal aid provided by duty lawyers.

我国值班律师的身份应界定为限制辩护人。与国外不同,我国值班律师发挥着应急、协商、保障等多重功能。但在司法实践中,值班律师介入诉讼时间较晚,缺乏基本诉讼权利,加之自身“值班”特点,实际上仅是认罪认罚案件的见证人,并提供一定法律咨询服务,其多重功能难以有效发挥。结合值班律师在不同诉讼阶段的功能特点,应明确值班律师介入诉讼的时间节点,赋予值班律师与其“值班”特点相匹配的在场权、阅卷权、会见权等必要诉讼权利,充实值班律师队伍,加强业务培训和物质保障,健全工作评价机制,提升值班律师法律帮助的实质效果。