认罪认罚从宽制度:理论基础与法律适用

On the Leniency System for Admitting Crimes and Accepting Punishments:Theoretical Basis and Application of Law

认罪认罚从宽制度的理论基础是在惩罚犯罪与保障人权、实体公正与程序公正之间求得平衡,并体现司法效率原则。在该制度的法律适用中,应当保证犯罪嫌疑人和被告人的自愿性、提高律师辩护的有效性、强调被害人的参与、实现庭审实质化、保障被告人的诉讼权利。

The leniency system for admitting crimes and accepting punishments originates from the faith of balance between punishing crimes and protecting human rights, as well as the substantive justice and procedural justice. It is aimed to reflect the principle of judicial efficiency. In the procedure of law application, the willingness of the suspect and the defendant must reminded, the counsel effectiveness should be improved, and the victim＇ s participation must be emphasized, only with that, the trial equality can be actually realized, and the defendant＇ s litigation rights can be equally guaranteed.