认罪认罚从宽制度中律师有效参与问题研究——以刑事速裁程序为视角

认罪认罚从宽制度的目的是构建中国式辩诉交易制度。然而其存在增加无辜者被定罪的风险、强化口供在刑事诉讼的地位、削弱程序的公正性、动摇实质真实的理念的缺陷。对此,只有辩护律师的有效参与才能弥补。律师有效参与认罪认罚从宽制度存在司法制度和诉讼程序两个层面的障碍,对此需要着力完善。在认罪认罚从宽制度中,传统的辩护人角色定位正在发生深刻变化,对此需要精准把握。

On the Lawyers' Effective Role in the System of Guit-admission and Lenient Punishment

The system of guit-admission and lenient punishment is to set up the Chinese plea-trade mode.However, it has some inevitable drawbacks such as the risk of making a false charge against the innocent, the intensity of one's testimoey, the weakness of the procedural justice and the challenge toward the substantial truth.So the effective participation of the lawyers is needed into the system of guit-admission and lenient punishment, although there are still some obstacles in the judicial system and judicial proceedings.And what we should accurately understand is the change of defenders' traditional function.