| 摘要: |
| 在以完善认罪认罚从宽制度为重点的司法改革中,强调要充分发挥值班律师在认罪认罚案件中的关键作用。然而目前正在试点中的认罪认罚案件却面临着一系列的辩护难题,主要体现在值班律师的法律定位不明确、对案件的参与程度有限以及辩护质量堪忧等方面。为了保障认罪认罚案件中的被告人能够获得有效的律师辩护,应明确赋予值班律师以辩护人地位,这既有利于保障被告人的合法权益和维护最低限度的程序正义,同时也符合我国辩护制度的发展趋势。相比于美国辩诉交易案件中律师的辩护活动,我国认罪认罚案件中的值班律师在对诉讼程序的控制、实体权利的处分以及对裁判者的影响力等方面还存在明显的差异。值班律师在辩护目的、辩护方式、辩护阶段和辩护对象等方面也与传统审判程序有着巨大的差异。我国应结合认罪认罚案件中值班律师辩护的特殊性以及有效辩护的最低标准,制定辩护的专业化、具体化、全面化、合意化和理性化等几点要素为核心的认罪认罚案件的有效辩护标准。 |
| 关键词: 认罪认罚从宽 值班律师 程序正义 辩诉交易 有效辩护 |
| DOI：10.13216/j.cnki.upcjess.2018.06.0011 |
| 分类号:D925.2 |
| 基金项目: |
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| On the Effective Defense of Pleading Guilty: Observation from the Perspective of Duty Lawyers |
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SONG Zhe
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(Law School, Peking University, Beijing 100871, China)
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| Abstract: |
| This round of judicial reform focuses on improving the system of confession and punishment and emphasizes the key role of duty lawyers in pleading guilty cases. However, the guilty plea in the pilot process is facing a series of defense problems, which are mainly reflected in the unclear legal position of the duty lawyer, the limited participation in the case and the worrying quality of the defense. Therefore, in order to guarantee that the accused in the confession case can obtain effective lawyer defense, it is necessary to clearly assign the duty lawyer to the status of the defender, which is beneficial to safeguarding the defendant 's legitimate rights and interests and maintaining minimum procedural justice and conforms the development trend of the defense system. Compared with the lawyer 's defense activities in the US plea transaction case, the duty lawyers in the guilty plea in China have obvious differences from the former in the control of the proceedings, the disposition of the substantive rights and the influence on the referees. The duty lawyers are also very different from the traditional trial procedures in terms of the purpose of defense, the way of defense, the stage of defense and the object of defense. Therefore, the author tries to combine the peculiarity of the lawyer 's defense in the guilty plea punishment case and the minimum standard of effective defense, and proposes effective defense standards of the confession and punishment case based on several elements such as specialization, specification, comprehensiveness, desirability and rationalization of the defense. |
| Key words: pleading guilty duty lawyer procedural justice plea bargain effective defense |
