认罪认罚从宽制度的若干争议问题

Several Disputed Issues of the System of Leniency on Admission of Guilty and Acceptance of Punishment

随着刑事速裁程序试点的初步成功,认罪认罚从宽制度的试点工作得到进一步展开。在未来的制度构建中,那种推行书面审理方式、降低证明标准和确立一审终审制的建议不仅是不可行的,而且是一种危险的制度选择。要保障被告人有效地行使辩护权,避免可能的刑事误判,还需要将现行的"值班律师"制度改造成真正的指定辩护制度,确保每个被告人获得律师辩护的机会,有效行使会见、阅卷和调查的权利,并与公诉方进行平等的协商和对话。与此同时,有必要确立全流程简化诉讼程序的改革思路,对被告人认罪认罚的案件,采用跳跃中间诉讼程序和简化内部审批环节的办法,以加快刑事诉讼的流程。

With the preliminary success of the fast track procedure, the pilot work of the system of leniency on admission of guilty and acceptance of punishment has been further expanded. In the further system construction, the suggestions of implementing the trial based on written material, instance are not only lowering the proof infeasible, but also standard and establishing the system of final fist dangerous system choices. In order to protect the defendant to exercise the right of defense effectively and avoid the possible criminal miscarriage of justice, we also need to transform the existing system of the lawyer on duty into the real system of the appointed defense, to make sure that every defendant has the opportunity to have a lawyer, and exercise the right of meeting, reading and investigating sufficiently, and have the equal consultation and dialogue with the prosecutor. At the same time, it is necessary to establish the reform approach to simplify the whole process. To speed up the criminal proceedings, we can adopt the measures of jumping intermediate proceedings and simplifying the internal approval process in those cases that the defendant has admitted his guilty and accepted the punishment.