%0 Journal Article
%T 认罪认罚案件中值班律师制度的实践探析<br>Analysis of the Practice of Duty Lawyer System in Guilty Plea Cases
%A 黄笑语
%J Open Journal of Legal Science
%P 4459-4467
%@ 2329-7379
%D 2023
%I Hans Publishing
%R 10.12677/OJLS.2023.115634
%X 在我国司法体制改革工作的逐步推进下，认罪认罚从宽制度得到了广泛适用。为确保被追诉人在认罪认罚案件中能够获得实质性的法律帮助，体现其认罪认罚的真实性与自愿性，保障案件的公正与可靠，值班律师制度便应运而生。但在司法实践中，我国值班律师制度仍处于发展阶段，存在诸多问题。如司法实务中值班律师阅卷权、会见权、协商权等相应权利行使受限；值班律师的法律定位不明确；同时由于认罪认罚案件所带来收益相对较少，难以吸引优秀律师参与其中，值班律师缺乏等。因此，有必要完善值班律师制度及相关配套机制，明确其诉讼地位，保障其相关的权利行使等，让值班律师在认罪认罚案件中更好地发挥作用与优势，高质量推进认罪认罚从宽制度落实。<br />
With the gradual advancement of judicial system reform in China, the system of leniency for confession and punishment has been widely applied. In order to ensure that the accused can obtain substantive legal assistance in guilty plea cases, and to demonstrate the authenticity and voluntariness of their confession and plea, as well as to guarantee the fairness and reliability of the cases, the duty lawyer system has emerged. However, in judicial practice, the duty lawyer system in China is still in its developmental stage and faces numerous issues. For example, the exercise of corresponding rights such as the right to review case files, the right to meet with clients, and the right to negotiate is limited in judicial practice. The legal position of duty lawyers is not clear. Moreover, due to the relatively low financial benefits brought by guilty plea cases, it is difficult to attract excellent lawyers to participate, resulting in a shortage of duty lawyers. Therefore, it is necessary to improve the duty lawyer system and relevant supporting mechanisms, clarify their litigation status, and ensure the exercise of their rights. This will enable duty lawyers to better play their roles and advantages in guilty plea cases, and promote the implementation of the system of leniency for confession and punishment in a high-quality manner.
%K 认罪认罚，值班律师，制度缺失，作用<br>Guilty Plea
%K Duty Lawyer
%K Institutional Shortcomings
%K Role
%U http://www.hanspub.org/journal/PaperInformation.aspx?PaperID=72658