我国值班律师制度实践路径探析

The Research on the Practical Problems of China’s Duty Lawyer System

摘要: 我国值班律师制度伴随着司法体制改革而产生，在立法中经历了从试点到被确立为一项基本制度的漫长过程。值班律师制度在自身改革完善的同时，也促进了法律援助制度以及其他制度的发展。但是在司法实践中，实务界以及学界对值班律师的定位问题一直存在争议，法律规定的权利没有得到保障，风险责任大而收益少。为了确保值班律师提供有效法律帮助，在司法实践中发挥更有效作用，有必要完善法律以允许值班律师向辩护律师转化，在确保值班律师会见、阅卷的权利下赋予值班律师更多类似辩护人的权利，提高值班律师的补助，从而保障有效法律帮助以及刑事辩护全覆盖的实现。

Abstract: The development of the duty lawyer system has promoted the improvement of the legal aid system, and has also made positive contributions to the promotion of full coverage of criminal defense. Although the “Guiding Opinions on the Application of the Lenient System for Pleading Guilty and Punishment” promulgated in 2019 has improved the content of the duty lawyer system, through continuous practice, problems such as role positioning, vague functions, and inability to guarantee the exercise of rights are still exposed. Duty lawyers are different from defense lawyers. In order for duty lawyers to play an effective role in legal aid, it is necessary to ensure that duty lawyers fully exercise their litigation rights, promote the construction of the duty lawyer team and transform them into defense lawyers, and appropriately increase the economic subsidies for duty lawyers, to improve the system.