认罪协商制度在侦查阶段的适用研究

The Application of Plea Bargaining System in the Investigation Stage

认罪协商程序是以审判为中心诉讼制度改革的产物,兼顾了公正与效率的法治追求。目前学界对于侦查阶段能否适用认罪协商制度尚未形成统一认识,以致于认罪协商制度的价值和优势未能得到充分发挥。鉴于此,有必要进一步明确侦查阶段的认罪协商权,确保认罪认罚从宽制度在侦查阶段的贯彻落实。

The plea bargaining procedure is the outcome of the reform of the judicial system and the pursuit of the rule of law. At present, the academic circle has not yet formed a unified understanding of the application of the plea bargaining system in the stage of investigation, which leads to the failure to give full play to the value and advantages of the plea bargaining system. Thus, it is necessary to further clarify the right to confess and negotiate at the stage of investigation, and to ensure the implementat ion of the plea and punishment in the investigat ion stage.