值班律师制度的实证考察与改革展望

The Empirical Investigation and the Reform Prospect of Attorney on Duty System

我国的值班律师制度是在认罪认罚从宽制度改革背景下展开的。目前,值班律师制度运行虽取得了一定成效,但仍存在值班律师定位不明确、法律帮助流于形式、制度激励不足、程序衔接不畅、权利保障不充分等问题。未来的改革应当明确值班律师的辩护人地位,加强其权利配置与权利保障,明确值班律师与指定法律援助律师(委托律师)之间的衔接程序,完善相关配套措施,充分发挥值班律师在保障认罪认罚自愿性、程序选择自主性以及量刑协商公平性方面的重要作用。

Our country’s duty lawyer system is launched un der the background of the reform of the lenient system of confession and punishment.Although the system of on-duty lawyers has achieved some success in the process of operation,there are still some problems,such as unclear positioning of on-duty lawyers,fluent legal aid,insufficient institutional incentives,poor procedural cohesion and insufficient protection of rights.Future reforms should clarify the status of duty lawyers as advocates,strengthen their rights allocation and protection,clarify the linking procedures between duty lawyers and designated legal aid lawyers(entrusted lawyers),improve relevant supporting measures,and give full play to the important role of duty lawyers in guaranteeing the voluntariness of pleading guilty,the autonomy of procedure selection and the fairness of sentencing negotiations.