认罪认罚从宽原则解释的差异化及其整合

The Differentiation and Integration of the Interpretation of the leniencyPrinciple for Confession and Punishment

认罪认罚从宽制度作为我国刑事诉讼改革的重要一环,自诞生以来便深刻地影响着我国以职权主义为中心的诉讼构造模式的发展。在当前司法实务中,更倾向于将认罪认罚从宽原则解释为一项涵盖刑事诉讼法和刑法中各种具体制度的司法制度,而非刑事诉讼法所明文规定的基本原则。公检法三机关对其的理解各执其言,侦查机关、检察机关、审判机关基本以自身角度出发对该原则作出具有自身特点的单一解释,使得应贯穿刑事诉讼全过程的认罪认罚从宽原则呈现出解释的阶段性脱节的状态。在各个诉讼阶段对认罪认罚从宽原则的认知偏差的形成原因在于我国阶段论的诉讼化的效应和模糊不清的刑诉权力结构的双重影响。为了打破对认罪认罚从宽原则阶段性解释的认知壁垒,应当优化现有诉讼程序、区分重点审查对象、促进量刑建议精准化,以此来打破阶段性解释所造成的司法实务中适用时的阶段性割裂的现状,将认罪认罚从宽原则的优势最大化,从而推动其良性发展。

As an important part of China s criminal procedure reform,the leniency system for confession and punishment has profoundly influenced the development of China’s litigation structure model centered on the doctrine of function and power since its birth.In current judicial practice,the interpretation of the leniency principle for confession and punishment is more inclined to characterize it as a judicial system that covers various specific systems in the criminal procedure law and the criminal law,rather than the basic principles expressly stipulated in the criminal procedure law.The three organs of the public security bureau,the procuratorate and the court have their own understandings of it while investigation organs,procuratorial organs and judicial organs basically make a single interpretation of this principle with their own characteristics from their own perspectives,which makes the leniency principle for confession and punishment that should run through the whole process of criminal proceedings present a state of phased disconnection in interpretation.The formation of cognitive biases on the leniency principle for confession and punishment at each stage of litigation is inseparable from the dual impact of the litigation effect of the stage theory in our country and the ambiguous power structure of criminal prosecution.In order to break the cognitive barriers to the phased interpretation of the leniency principle for confession and punishment,we should optimize the existing litigation procedures,distinguish the key review objects,and promote the precision of sentencing recommendations,so as to break the current situation of the phased separation caused by the phased interpretation in judicial practice and maximize the advantages of the leniency principle for confession and punishment to promote its benign development.