【作者】 陈磊；

【导师】 董娟；

【作者基本信息】 天津大学 ， 法律（非法学）， 2021， 硕士

【摘要】 近年来,认罪认罚从宽制度的实务适用成为刑事诉讼法学的热点问题,特别是在2018年刑事诉讼法修改以来,该制度正面回应了我国司法实践中“案多人少”的现状,提高了刑事诉讼的工作效率。随着认罪认罚从宽制度的落地生根,值班律师制度也再度焕发生机,值班律师在刑事诉讼中既承担为被追诉人提供最基本限度法律帮助,也承担监督认罪认罚从宽制度合法运行的职责。但司法实践却反映出值班律师制度落而不实,在认罪认罚从宽制度中功能被虚化的情况。从值班律师发展状况出发,讨论认罪认罚从宽制度下值班律师实质化履职的涵义,认为从应然角度值班律师制度应当具有为被追诉人获得基本辩护提供制度保障、实现认罪认罚制度程序正当性、提升诉讼效率等法律价值。指出我国认罪认罚从宽制度对值班律师制度提出的新要求,即值班律师的工作重点要从庭审走到庭前、要从注重辩护功能转变为法律帮助功能、要从与公诉机关对抗转机制变为合作和监督机制。针对实践问题和制度设计中存在的冲突,立足对L市基层司法实践中认罪认罚从宽案件值班律师履职情况中存在的虚化问题的观察,分析其问题表现和成因,并对美国、日本、英国值班律师制度进行考察,发现这些国家在重视值班律师队伍建设保障权益、丰富值班律师参与案件的形式以及构建合理的值班律师管理模式方面有值得借鉴的经验。最后提出了认罪认罚从宽制度下值班律师实质履职应当强化值班律师的辩护角色、充实值班律师办案权利并建立权利救济途径、完善值班律师选拔任用的奖励惩罚机制、建立值班律师与法律援助律师、辩护律师的衔接机制四大实现路径,通过多措并举提升值班律师在认罪认罚从宽制度中的功用价值,以推进认罪认罚从宽制度在刑事司法改革中的价值得以实现。更多还原

【Abstract】 In recent years,the practical application of basic connotations of the leniency system based on admission of guilt and acceptance of punishment has become a hot issue in criminal procedure law.Especially since the amendment of the Criminal Procedure Law in 2018,the system positively responds to the current situation of "many cases but few people" in China and improves the work efficiency of criminal procedure.With the establishment of basic connotations of the leniency system based on admission of guilt and acceptance of punishments,the system of duty lawyers has been revitalized again.In criminal proceedings,duty lawyers not only assume the responsibility of providing the most basic legal assistance to the suspects and defendants,but also assume the responsibility of supervising the reasonable operation of basic connotations of the leniency system based on admission of guilt and acceptance of punishments.However,the judicial practice reflects that the duty lawyer system is not true and the function of basic connotations of the leniency system based on admission of guilt and acceptance of punishment has been wasted.Based on the development of duty lawyers,this paper discusses the meaning of duty lawyers’ substantive performance under basic connotations of the leniency system based on admission of guilt and acceptance of punishment,and holds that duty lawyers’ system should have the legal value of providing system guarantee for the accused to obtain basic defense,realizing the procedural legitimacy of the system of guilty plea,and improving the litigation efficiency.It is pointed out that the duty lawyer’s work focus should be changed from the trial to the trial,from the defense function to the legal assistance function,and from the mechanism of confrontation with the public prosecution organ to the mechanism of cooperation and supervision.In view of the conflict between the practical problems and the system design,based on the vacancy problem in the performance of duty of duty lawyers in the case of leniency of guilty plea in grass-roots judicial practice in L City,this paper analyzes the performance and causes of the problem,and investigates the duty lawyer system in the United States,Japan and the United Kingdom.It is found that these countries have valuable experience in paying attention to the construction of duty lawyers to protect their rights and interests,enriching the forms of duty lawyers’ participation in cases and constructing reasonable management mode of duty lawyers.Finally puts forward greater forfeit system under the duty lawyer pleaded guilty substance takes office shall strengthen the duty lawyer defends the role,fulfilling duty lawyer working right and establish the right relief way,consummation selects and the assign the duty lawyer reward punishment mechanism,establishing the law and legal aid lawyers on duty,the cohesion of the defense mechanism four paths,In order to realize the value of the system of leniency of guilty plea in the criminal justice reform,the function value of the system of leniency of guilty plea can be enhanced by multiple measures.更多还原