论审辩交易下认罪认罚从宽的自愿性保障

The Analysis of the Protection of Leniency Voluntary in Face of Judge-defendant Bargain

审辩交易是我国刑事司法实践中长期存在的一种客观现象,该现象根源于法官所受到的多源压力,而被告人认罪认罚从宽制度即将在我国18个城市内进行为期两年的试点,新制度以自愿性保障为基础并将受到审辩交易旧现象下的法官角色冲突、律师受压力转移的辩护权缺位及被告人知情权保障缺失的冲击,因此针对此类问题,本文提出在新制度的构建过程中设计与保障被告人自愿性相配套的制度建议,如实施强制法律援助、保障被害人出庭等。

Judge-defendant bargain is deemed an objective phenomenon in our long-term criminal judicial practice, which is rooted in the muhi-source pressure suffered by the judge. And the system of leniency wiU soon be piloted in 18 cities of China for two years, and the new system based on voluntary protection will be assaulted by the role of lawyers, the absence of the right to defend and the lack of protection of the right to know under the judge-defendant bargain. To solve this problem, this thesis is proposed in the con- struction of the new system in the design and protection of the defendant to support the voluntary system recommendations, such as the implementation of compulsory legal aid, protection of the victim to appear and ensure procedural option and revocation rights of the de- fendant.