公诉案件律师代理制度研究

公诉人与代理律师虽然两者履行的控诉职能相同,所持立场和角度却不尽相同。通常他们之间是一种相互配合的伙伴关系,形成以公诉人为主,诉讼代理律师为辅的控诉格局。然而,当双方对定罪量刑等重大问题发生意见分歧时,被害人将面临公力救济不足的诉讼窘境,此时的诉讼代理律师不应再是处于从属地位的控诉方,而应成为与公诉方平行且独立的控诉主体。

A Study of the System of Lawyers Acting as Agent in Public Prosecution Cases

While the public prosecutor and the attorney fulfill the same function in the process of public prosecution,they may hold different positions and points of view.Normally they form a partnership in which the prosecutor takes the lead while the attorney acts as the assistant.Where their views differ on such critical issues as the measurement of penalty and declaration of conviction while the victim cannot obtain legal assistance,the attorney should no longer be subordinate to the prosecutor,but instead be made an independent body enjoying an equal position to the prosecutor.