认罪认罚从宽制度若干问题解析

An Analysis of the Leniency System on Admission of Guilt and Acceptance of Punishment

认罪认罚从宽制度是我国"宽严相济"刑事政策的具体制度要求,适用于侦查、审查起诉和审判等各个诉讼阶段,同时也存在于普通程序、自诉程序、简易程序、速裁程序等各个程序中。该制度需要进一步完善。在认罪认罚从宽案件中需要有效辩护的存在,并应落实以值班律师为重点的有效辩护主体,进一步明确辩护人的职责和地位。在"审判中心主义"的原则下将案件根据犯罪情节、认罪态度繁简分流,建立适合我国国情的认罪认罚协商制度。

The leniency system on admission of guilt and acceptance of punishment is the requirement ofChina＇s criminal policy of temper justice with mercy, which needs further improvement. Leniency is applicablein every stage of lawsuit like investigation, examination and prosecution and trial. It＇s also used in commonprocedure, private prosecution procedure, summary procedure and speedy trial procedure. In such cases,effective defense is necessary, as well as effective defense subjects which are mainly duty lawyers. Thedefenders＇ responsibilities and status should be further defined. The cases can be clarified according to thecircumstances of crimes and the attitudes to guilty plea under the doctrine of Trial Centrism.