值班律师制度在正式写入法典之前经过了多年的试点工作，目前仍处于不断探索与完善阶段。值班律师应具有辩护律师身份的法律定位问题至今未能明确规定，这影响到值班律师能否不受阻碍地行使诉讼权利，也会影响到我国法律帮助工作能否顺利开展并扩大援助范围。值班律师制度的现有相关法律规定存在不合理之处，不利于发挥该制度对犯罪嫌疑人、被告人的权利保障作用。这主要表现在删除了值班律师代理申诉、控告的职责，未明确规定值班律师的辩护人地位，未保留值班律师出庭辩护职责等。为发挥值班律师制度的应有价值，要针对存有问题的制度设置从各方面加以完善。在法律中明确规定辩护人是值班律师的应然法律定位，对目前相关法律文件所规定的值班律师工作职责有必要作进一步探讨，值班律师法律帮助如何与其他形式的法律援助实现有效配合与衔接，与值班律师制度相关的辅助机制也需要进一步完善。这为认罪认罚从宽制度改革提供保障，也有助于实现在每个刑事案件中都有专业律师参与辩护。

The on-duty lawyer system has experienced more than ten years from the experimental work to being written into the current criminal procedure law. The legal status of the on-duty lawyer should be defense lawyer, which has not been explicitly stipulated by law and come to an agreement in the academic circle. This problem affects the effective operation of the on-duty lawyers’litigation rights and the smooth development of the legal assistance work. At present, the relevant legal provisions of the on-duty lawyer system exist unreasonable aspects to some extent, which is not conducive to playing a significant role in protecting the fundamental rights of criminal suspects and defendants. The irrationality mainly reflects in the deletion of on-duty lawyers’legal responsibility to represent appeal and accusation, the absence of a clear and accurate stipulation for the legal status of on-duty lawyers, and the absence of the on-duty lawyers’defined authortity to make a defend in court. We should further improve the on-duty lawyer system from all sides and explore an effective connection with the other forms of existing legal aid. In these ways, relative legal system can provide guarantees for the reform of the lenient punishment system when the accused admit guilt and accept criminal punishment, and can promote the full coverage of lawyers' defense in criminal cases.