值班律师的角色定位与制度探究

2018年修改的《刑事诉讼法》把值班律师制度作为基本制度规定下来,这是辩护制度的重大突破和进步,法律上对诉讼权利的保障,是反映一国刑事诉讼法治化程度的重要标志之一。值班律师参与刑事诉讼并不当然地具有辩护人的诉讼地位,值班律师的应然定位应当是特殊的法律援助律师。值班律师制度具有推动程序正义实现和促进诉讼效率提升的内在价值,还具有弥补法律援助制度短板、推动审前程序状态合理优化和促进认罪认罚从宽制度良好运行的外在价值。但是,值班律师依然存在一些现实困惑,对这些困惑、问题的破解,正是改善值班律师制度的有效进路。

Duty Lawyers' Role Positioning and the Probe into Its System

The Criminal Procedure Law amended in 2018 stipulated the duty lawyer system as the basic system.This is a major breakthrough and progress in the defense system.The legal protection of litigation rights is one of important indicators reflecting the degree of legalization of criminal proceedings in a country.The participation of duty lawyers in criminal proceedings does not of course have the defendant's litigation status.The duty lawyer should be positioned as a special legal aid lawyer.The duty lawyer system has the intrinsic value of promoting the realization of procedural justice and promoting the efficiency of litigation.It also has the external value of making up for the short-term legal aid system,promoting the reasonable optimization of the pre-trial process and promoting the good operation of the confession and punishment.However,there are still some practical confusions in the duty lawyers.The cracking of these confusion problems is an effective way to improve the duty lawyer system.