认罪认罚从宽视域下值班律师制度的完善

Perfection of Duty Lawyer System from the Perfective of Confession and Punishment Leniency

修改后的刑事诉讼法正式确立的值班律师制度具有鲜明的中国特色,其推行依靠司法机关保障,并以司法改革为内生动力。值班律师与法律援助律师明显不同,值班律师是特殊的法律援助律师。当前对值班律师的权限界定不清、管理机制不健全,与既有制度衔接不畅。因此应从保持队伍稳定、实现刑事辩护全覆盖,扩大诉权,完善转任和衔接机制,强化管理和保障等方面加强对值班律师制度的构建和完善。

The duty lawyer system formally established by the revised Criminal Procedure Law has distinct Chinese characteristics,and its implementation depends on the protection of judicial organs and takes judicial reform as its endogenous motive force.Different from the legal aid lawyer,the duty lawyer should be positioned in the special legal aid lawyer and should fully understand the problems in operation,such as the unclear definition of authority,the imperfection of management mechanism and the non-smooth connection with the existing systems.In the future,China should strengthen the construction and perfection of the duty lawyer system from the aspects of maintaining the stability of the team,realizing the full coverage of the criminal defense,expanding the right of appeal,perfecting the mechanism of transfer and connection,strengthening the management and protection and so on.