摘要
在当前的值班律师制度研究中,研究者更多选择以现行规范性文件为基础,将值班律师制度仅仅作为认罪认罚从宽制度改革的配套措施之一。这种研究倾向使当前的研究成果更多关注于如何更好地发挥值班律师制度在认罪认罚案件中的作用,而忽视了值班律师制度自身利弊优缺的分析与考量。在现代法律援助制度中,值班律师制度旨在弥补传统法律援助形式的不足,而非取代传统的法律援助服务方式。我国应合理配置值班律师制度,形成多层次、全方位的法律援助制度;在值班律师制度建设中,注重发挥值班律师在刑事诉讼早期阶段的帮助作用;积极借鉴域外经验,探索多样化的值班律师模式等。
In current researches of duty lawyer system,most of the scholars choose to use the current normative documents as the basis of research and treat the duty lawyer system only as one of the supporting measures for the system of imposing lenient punishments on those confessing to their crimes and accepting punishments. This slightly biased research tendency makes the current research results more focused on how can the duty lawyer system play a better role in the system of imposing lenient punishments on those confessing to their crimes and accepting punishments,while ignoring the analysis and consideration of the advantages and disadvantages of the duty lawyer system itself. This paper argues that in the modern legal aid system,the duty lawyer system is designed to make up the shortcomings of traditional forms of legal aid,rather than replacing the traditional service. Therefore,this paper attempts to clarify the advantages of the duty lawyer system and the limits of its application. This paper also puts forward corresponding suggestions for the development of the duty lawyer system in China,such as reasonably allocate the duty lawyer system to form a multilevel and all-round legal aid system; pay more attention to the role of the duty lawyer in the early stages of criminal proceeding and actively learn from overseas experience and explore diversified patterns of duty lawyers.
出处
《法学杂志》
CSSCI
北大核心
2018年第9期25-32,共8页
Law Science Magazine
基金
中国政法大学国家法律援助研究院"法律援助立法"课题组阶段性研究成果
关键词
刑事法律援助
值班律师制度
认罪认罚从宽试点
criminal legal aid
duty lawyer system
the pilot program of the system for imposing lenient punishments on those confessing to their crimes and accepting punishments in criminal cases
