渭南师范学院学报2019,Vol.34Issue(3):32-38,7.
试论认罪认罚框架下值班律师制度的完善
On the Perfection of Duty Lawyer System under the Framework of Confession and Punishment
摘要
Abstract
In the overall reform of the judicial system, the effective participation of lawyers can ensure the smooth implementation of the system of confession and punishment. The duty lawyer system can ensure the voluntariness and authenticity of the accused's confession. It is necessary for improving the legal aid system, ensuring the litigation rights of the accused and realizing the procedural justice of the equality of prosecution and defense. There are some problems in the operation of the duty lawyer system in China, such as unclear positioning, low rate of application, and lack of lawyer's related rights and so on. In the future, we should further clarify the role of duty lawyers, improve the connection between different litigation stages, clarify the mechanism of procedural protection and establish a long-term mechanism for the steady operation of duty lawyer system.关键词
认罪认罚/值班律师/辩护律师/阅卷权/长效机制Key words
confession and punishment/duty lawyer/defense counsel/reading right/long-term mechanism分类
社会科学引用本文复制引用
孟璐..试论认罪认罚框架下值班律师制度的完善[J].渭南师范学院学报,2019,34(3):32-38,7.基金项目
河南省规划办项目:审判中心改革视域下侦查模式转型研究(2017BFX011) (2017BFX011)
河南警察学院重点课题:侦查阶段认罪认罚从宽制度的运行路径(HNJY-2018-ZD-05) (HNJY-2018-ZD-05)