“以审判为中心”下“认罪认罚从宽”制度构建的问题与对策

Problems and Countermeasures in Constructing the System of “Confession,Readiness for Penalty and Lenient Treatment” under the Principle of Taking Trial as Center

在"审判为中心"背景下的"认罪认罚从宽"制度试点过程中,出现了对"认罪认罚从宽"制度的落实还停留在构想层面,"认罪""认罚""从宽"规定不够明确、落实出现困难,导致被追诉人权利保障不到位,被害人权利保障被忽视等问题。司法部门应当尽快出台实施细则以落实"认罪认罚从宽"制度,明确"认罪""认罚""从宽"的内涵和适用,加强被追诉人诉讼中的权利保障,满足被害人的利益诉求,预防司法不公和司法腐败。

In the process of experimenting system of ＂confession, readiness for penalty and lenient treatment＂ under the back- ground of ＂taking trail as center＂, the implementation on the system of ＂confession, readiness for penalty and lenient treatment＂ still rests on the thinking level, provisions on confession, readiness for penalty and lenient treatment are still undefined and are difficult to be implemented, the rights of the accused could not be guaranteed and right assurance on victims is neglected. It is advised to make enforcement regulation so as to implement the system of ＂confession, readiness for penalty and lenient treatment＂, clear the connota- tion and application of confession, readiness for penalty and lenient treatment, strengthen the right assurance of the accused in the law- suit, meet the interests appeals of the victim and prevent unfair justice and judicial corruption.