认罪认罚从宽制度中的被害人权益保障

Protection of the Rights and Interests of Victims in the System of Pleading Guilty and Pleading Punishment with Leniency

认罪认罚从宽制度试点正在进行,理论和实务界都将焦点放在了控辩双方及程序运行上,忽略了被害人之权益,而保障被害人权益实则有其现实意义。保障被害人权益与认罪认罚从宽制度的实践存在理论冲突:量刑建议的不确定性使制度目的不能实现、赔偿与量刑关系容易失衡、被害人上诉权无法得到保障。实践中可以通过赋予被害人程序参与权、完善量刑建议制度和国家补偿制度、赋予被害人独立上诉权等方式保护被害人权益。

The lenient system of plea guilty and punishment is being piloted.The theoretical and practical circles focus on both sides of the prosecution and the defense and the operation of the procedure,ignoring the rights and interests of the victims,while protecting the rights and interests of the victims has practical significance.There are theoretical conflicts between the practice of protecting the rights and interests of victims and the leniency system of pleading guilty and punishment:the uncertainty of sentencing proposals makes the purpose of the system impossible to achieve,the relationship between compensation and sentencing easy to imbalance,and the victim s right of appeal can not be guaranteed.In practice,the rights and interests of victims can be protected by giving them the right to participate in the procedure,perfecting the sentencing suggestion system and the national compensation system,and giving them the right to appeal independently.