试论构建中国式的认罪协商制度

认罪协商制度是在犯罪激增、司法资源紧缺而又要维护司法公正、维护当事人正当权益等各种因素下作用、平衡的产物。为解决积案问题并保障必要的公正,设立认罪协商制度需要完善的程序设计。这包括认罪协商程序的适用范围、起止的期限、提起的主题、协商的具体内容、协商后诉讼权利的丧失、被害人的同意、指定辩护人问题、法官角色、协议的撤销等。

The plea bargaining system is a product of interaction and balance between various factors such as the rapid increase in crimes, the lack of judicial resources, the need to uphold judicial justice and lawful rights and interests of parties to the lawsuit. In order to establish the plea bargaining system, a good procedure needs to be designed so as to resolve the problem of long-pending cases and ensure the necessary justice. In the design of the procedure, the following factors should be taken into consideration： the scope of application, the time limits, the subjects, the contents, the loss of litigation rights after the bargaining, the consent of the victims, the issue of appointed defender, the role of the judge, and the annulment of the agreement.