浅谈值班律师制度的理论定位与实践困境

On the Theoretical Positioning and Practical Dilemmas of the Duty Lawyer System

摘要: 回顾值班律师制度的发展历程，从试点到之后的推广、政策探索到法律确认的过程，对于值班律师的定位进行明确，强调了对填补刑事司法体系的空白、平衡司法的效率与公正、推动了法律援助体系发展的重要意义。然而在实践中，值班律师阅卷权的不完整，会使得其不能更有效的履行其职能。值班律师的立法定位与实践结果并不相符，出现了一定的“错位”。被追诉人对于值班律师角色定位的误解，也会使得值班律师难以在实质性上维护其权益。值班律师与辩护律师的并不能得到完美衔接。针对以上问题，本文从建立以“案”为核心的导向，完善值班律师的阅卷权，以建立值班律师的与辩护律师的衔接机制，更好地推动值班律师制度的进一步发展，维护被追诉人的合法权益。

Abstract: Reviewing the development of the duty lawyer system, from its pilot phase to subsequent nationwide implementation, and from policy exploration to legislative confirmation, clarifies the role of duty lawyers. This process has been significant in filling gaps within the criminal justice system, balancing judicial efficiency with fairness, and advancing the legal aid framework. However, in practice, the incomplete right of duty lawyers to access case files hinders their ability to effectively fulfill their functions. A certain “dislocation” exists between the legislative intent defining duty lawyers and their practical outcomes. Misunderstandings among the accused regarding the role of duty lawyers further impede the substantive protection of their rights. Additionally, the transition between duty lawyers and defense lawyers is not seamless. To address these issues, this paper proposes establishing a case-centered approach, enhancing duty lawyers’ access to case files, and creating a mechanism to bridge duty lawyers with defense lawyers. These measures aim to better advance the further development of the duty lawyer system and safeguard the legitimate rights and interests of the accused.