%0 Journal Article
%T 认罪认罚从宽案件中律师角色的转变与挑战<br>Changes and Challenges in the Role of Lawyers in Plea Bargaining Cases
%A 王子晨
%A 赵科霖
%J Open Journal of Legal Science
%P 1736-1742
%@ 2329-7379
%D 2024
%I Hans Publishing
%R 10.12677/ojls.2024.123249
%X 认罪认罚从宽制度是我国刑事诉讼中制度的重要组成部分，其适用与推广使得律师角色面临转变与挑战。认罪认罚从宽制度的核心在于“认罪”、“认罚”、“从宽”三点，制度原型虽然是美国辩诉交易制度，但也存在显著区别。认罪认罚从宽制度的适用不仅使律师的角色转变为协商者与监督者，而且让律师需要面对忠诚义务、专业能力和沟通能力三方面的挑战。为此，有必要加强对律师权利的保护、加强对律师专业能力和职业道德的培训。<br />
The system of leniency for guilty pleas is an important part of China’s criminal procedure system, and its application and promotion have led to changes and challenges in the role of lawyers. The core of the leniency system lies in the three points of “guilty plea”, “guilty to punishment” and “leniency”, and although the prototype of the system is the United States plea bargaining system, there are also significant differences. The application of the system of leniency for guilty pleas not only transforms the role of lawyers into that of negotiators and supervisors, but also makes it necessary for lawyers to face the challenges of the duty of loyalty, professional competence and communication skills. For this reason, it is necessary to strengthen the protection of the rights of lawyers and their training in professional competence and ethics.
%K 认罪认罚，从宽，律师，挑战<br>Plea Bargaining
%K Leniency
%K Lawyers
%K Challenges
%U http://www.hanspub.org/journal/PaperInformation.aspx?PaperID=83407