认罪认罚视阈下酌定不起诉的困境与完善

The Dilemmas and Perfection of Discretionary Non-prosecution Under Guilty Plea and Acceptance of Punishment

酌定不起诉与认罪认罚从宽制度的价值取向具有高度的内在契合性。目前我国酌定不起诉面临着案多人少、犯罪轻刑化明显、程序分流不足的现实困境,这与推进的认罪认罚从宽制度改革存在抵牾。对此,未来立法改革应当在分析冲突原因的基础上,转变有罪必罚的深层次思维逻辑,统筹检察机关的自由裁量权与程序控制的平衡,引入以附条件不起诉为重点的改革措施。

The value orientation of discretionary non-prosecution and leniency on admission of guilty and acceptance of punishment has a high degree of intrinsic fit. However,the low application rate of discretionary non-prosecution has caused some practical dilemmas,such as caseload becoming an increasingly prominent problem,obvious light punishment and the deficiency of procedure diversion and so on,which are in contradiction with current reform promotion of system on admission of guilty and acceptance of punishment.Therefore,future legislative reforms should be based on the analysis of the reason for conflicts,convert the profound thinking logic of retributive justice,maintain the balance of procuratorate＇s discretionary power and procedure control,and introduce reform measures which emphasize on the conditional non-prosecution.