法律援助值班律师制度自2006年开始试点，后来随着认罪认罚从宽制度的提出逐渐完善。值班律师权利的有效行使在认罪认罚从宽制度中发挥着重要的作用。但是现有的值班律师制度下，值班律师定位不清，被赋予的权利过度形式化，难以保障犯罪嫌疑人、被告人认罪认罚的自愿性和程序的正当性。本文以刑事诉讼中法律援助值班律师的权利为出发点，从值班律师制度设立的背景开始，介绍值班律师的概念、值班律师权利的特征和有效行使意义。通过对现有文件中关于值班律师权利的归纳，结合司法部发布的指导案例，在对值班律师权利进行初步分析评价的基础上，提出应该将值班律师重新定义为准辩护人，并赋予其会见权、阅卷权和在场权等重要权利。最后从公检法履行对犯罪嫌疑人、被告人权利告知义务和值班律师权利被侵犯时的救济两方面着手，保障值班律师能够有效行使被赋予的权利。

The legal aid lawyers on duty system was piloted in 2006, and it has been gradually improved with the system of lenieney on admission of guilty and acceptance of punishment. The effective exercise of the rights of lawyers on duty plays an important role in the system of lenieney on admission of guilty and acceptance of punishment. But the present lawyers on duty system does not give lawyers on duty a clear role.The overformulation of the rights and the lack of key rights can not make sure the voluntary of the admission of guilty and acceptance of punishment and the legitimacy of the procedure. This article took the rights of lawyers on duty in criminal procedure as the starting point,started from the background of the setup of the lawyers on duty system,and introduced the conception of lawyers on duty ,the characteristics and the significance of the exercise of the rights of lawyers on duty.By concluding the rights of lawyers on duty in the existing document and the guidance cases issude by Ministry of Justice,based on the preliminary analysis and evaluation of the rights of lawyers on duty,we think that lawyers on duty should be redefined as defender-to-be and be empowered the key rights,such as the right of meeting,reading and the right on the spot.Finally,to make sure that lawyers on duty can exercise the rights effectively,the law-enforcing departments should perform the inform obligation adequately.At the same time,we should make sure that lawyers on duty can find a way to relief their rights when their rights are infringed.