认罪认罚从宽制度中的修复性逻辑之证成

The Justification of Reparative Logic in the System of leniency for Pleading Guilty and Accepting Punishment

以《刑事诉讼法》和《关于适用认罪认罚从宽制度的指导意见》为主要依据的认罪认罚从宽制度,蕴含着一套以犯罪嫌疑人、被告人悔罪为基础,以化解社会矛盾、修复被犯罪所破坏的社会关系为基本价值取向的修复性逻辑。其具体体现在认罪认罚从宽制度的价值目标、基本原则、从宽依据、适用案件范围、适用诉讼阶段、程序参与主体等各方面。未来认罪认罚从宽制度不应一味顺着加强控辩协商、节约司法资源的协商性逻辑来发展和完善,而是应当秉持修复性逻辑为犯罪嫌疑人、被告人提供更多的修复社会关系的机会,在化解矛盾方面善用各方面社会资源,以切实贯彻宽严相济刑事政策,将司法效率的提升建立在社会和谐稳定的基础之上。

The system of leniency for pleading guilty and accepting punishment,mainly based on the Criminal Procedural Law and the Guidance of Applying the System of Leniency for Pleading Guilty and Accepting Punishment,inherently contains a set of reparative logic which is based on the repentance of the accused and has the basic value orientation of resolving social contradictions and repairing the social relations damaged by crime.It is embodied in the value goal,basic principles,basis of leniency,scope of applicable cases,stage of litigation,and subject of participation in procedure and so on.In the future the system should not be developed and improved along with the logic of strengthening the negotiation of prosecution and defense and saving judicial resources,instead,we should uphold the logic of reparation and provide more opportunities for criminal suspects and defendants to repair social relations,and make good use of all social resources in resolving conflicts,so as to effectively implement the criminal policy of temper justice with mercy and improve the judicial efficiency on the basis of social harmony and stability.