检察环节认罪认罚制度相关问题研究--以杭州市XS区试点实践为视角

On Problems Related to System of Pleading Guilty And Taking Punishment of Procuratorial Links——Taking Hangzhou XS District's Pilot Practice as a Perspective

《中共中央关于全面推进依法治国若干重大问题的决定》明确提出"完善刑事诉讼中认罪认罚制度,进一步探索刑事速裁程序改革,简化工作流程,构建普通程序、简易程序、速裁程序等相配套的多层次诉讼制度体系"的重要改革部署。认罪认罚制度是我国宽严相济刑事政策的制度化,该项制度试点对保障司法公正、节约司法成本、提高司法效率意义重大。本文在认罪认罚制度内涵、价值解析的基础上,通过对检察环节"认罪认罚制度"实践探索情况的充分分析与把握,从案件适用范围、案件证据标准和认罪认罚制度完善三个方面提出进一步完善认罪认罚制度的具体建议,从而有助于"让人民群众在每一个司法案件中都感受到公平正义"这一司法改革目标的顺利实现。

The "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Implementing Governing State Affairs by law" clearly states that "improving the system of pleading guilty and taking punishment, further exploring the reform of criminal expedited procedures, simplifying workflow, and establishing multilevel litigation system of common procedures, simplified procedures, andexpeditedprocedures." The system of pleading guilty and taking punishment is the institutionalization in our country’s temper justice with mercy policy. The pilot of this system is of great significance for safeguarding judicial fairness, saving judicial costs and improving judicial efficiency. Based on the connotation and value analysis of the system of pleading guilty and taking punishment, this paper fully analyzes and grasps the practical exploration of the system of pleading guilty and taking punishment. To propose concrete suggestions for perfecting the system of pleading guilty and taking punishment from the three aspects of the scope of application of the case, the standard of evidence of the case and the perfection of the system of pleading guilty and taking punishment. This helps smooth the realization of the judicial reform goal of "feeling fair and just in every judicial case."