论我国值班律师的法律定位及其权利保障

值班律师制度作为一项旨在保障被追诉人权利的重要制度，在我国立法过程中，值班律师的法律定位经历了从模糊化处理到确立为法律帮助者的发展过程。基于联合国公约的要求以及现代意义上辩护的内涵，应将值班律师提供法律帮助理解为辩护行为，但值班律师并不等同于法律援助辩护律师。为了使值班律师制度在司法实践中得到有效适用，应赋予值班律师摘抄、复制案卷材料的权利，还应采取措施提高值班律师的经济补助，并允许值班律师转化为辩护律师。

The Role of Duty Lawyer in China and the Protection of Duty Lawyer's Rights

In the process of establishing the duty lawyer system, an important system to protect the legal rights and interests of criminal suspects and defendants, the role of duty lawyer has experienced the development process from ambiguity to the person providing legal assistance. Based on the requirements of the United Nations Convention and the concept of defense in modern sense, duty lawyer providing legal assistance should be understood as defense. But duty lawyer is not equal to legal aid defense lawyer. In order to apply duty lawyer system effectively, the consulting right of the duty lawyer should be extended to extract, and duplicate case materials, measures should be taken to increase the financial benefits of duty lawyers and the duty lawyer should be allowed to transfer to a defense lawyer.