摘要
认罪认罚协商在宏观上有利于实现认罪认罚从宽制度试点改革追求的效率目标和国家法治的进步,在个案中也能实现刑罚目的,而且并不损害公正价值,是当前完善认罪认罚从宽制度的重要突破口。检视A市和全国各地的认罪认罚从宽制度改革试点情况可以发现,认罪认罚协商机制并没有成为该项制度试点实践的主要方向。认罪认罚协商的缺位导致了制度缺乏内生动力,招致批评与非议。当前既要注重搭建认罪认罚协商平台,完善工作机制,激发各方参与认罪认罚协商的积极性,也要注意汲取国外控辩协商制度的教训,防范和控制风险。
Negotiable leniency for admission of guilt and accepting punishment will not only be beneficial to the goal of efficiency and the progress of rule of law of the country pursued by the pilot reform of the leniency system for admission of guilt and accepting punishment at the macro level, but also reflect the purpose of the criminal punishment in individual cases without harm to the value of justice, so it is an important breakthrough for improving the leniency system of admission of guilt and accepting punishment. From examining the pilot practices of such system in City A and other areas across the country, it may be found that the mechanism of negotiable leniency for admission of guilt and accepting punishment has not become the main development direction. The absence of negotiable lenience leads to a lack of endogenous impetus of such system and brings about criticism and censure. At present, China should pay attention to the establishment of a negotiation platform for admission of guilt and accepting punishment and improve the working mechanism to stimulate the enthusiasm of all parties to participate in the negotiable leniency for admission of guilt and accepting punishment, and also lay stress on lessons from foreign plea negotiation system to prevent and control relevant risks.
出处
《政治与法律》
CSSCI
北大核心
2018年第9期150-160,F0003,共12页
Political Science and Law
基金
国家社会科学基金一般项目"认罪认罚从宽制度改革研究"(项目编号:17BFX059)的阶段性成果
关键词
认罪认罚从宽
控辩协商
量刑建议
制度风险
Leniency System of Admission of Guilt and Accepting Punishment
Plea Negotiation
Sen-tencing Recommendation
Institutional Risk
