认罪认罚从宽:从政策到制度

Lenience with Admission to Guilt and Submission to Punishment:From Policy to System

认罪认罚从宽制度的试点工作已经展开并取得成效,但有关认罪认罚从宽的讨论仍未停止。本文基于刑事政策的立场,探讨了认罪认罚从宽的定位,主张应循着从政策向制度演化的路径来认识认罪认罚从宽;推行认罪认罚从宽,不单是诉讼经济或效率的考虑,还有更深层的实体法依据(如实现刑罚预防、修复社会关系、彰显宽恕精神、体现刑罚谦抑)和刑事政策或公共政策根据(彰显犯罪治理的自信,鼓励犯罪人与国家司法合作);最后结合试点工作办法,就认罪认罚从宽的制度创新进行了初步探讨。

The system of lenience with admission to guilt and submission to punishment has been tried successfully,but the debate about it has never stopped. Based on the viewpoint of penaly policy,this paper discusses the orientation of the system of lenience with admission to guilt and submission to punishment,and advocates the way to recognize the system from the path of development from policy to system. It is not only a consideration of lawsuit economy and efficiency,but also that of deeper conditions of substantive law,such as the realization of penalty precaution,mending social relations,exhibiting the spirit of forgiveness,revealing penalty unpretentiousness. Besides,it also includes conditions of criminal policy and public policy,such as exhibiting the self confidence of cultivating criminals,encouraging criminals to cooperate to state administration of justice.Finally,an exploration has been made on the innovation of the system of lenience with admission to guilt and submission to punishment with the experimental measures concerning the experiment.