认罪认罚案件口供补强问题研究

A Study on the Confession Reinforcement Rule in the Case of Pleading Guilty and Accepting the Punishment

以效率为导向的认罪认罚从宽制度,实质上要求确立以口供为中心的证据体系。口供在认罪认罚案件处理中起着关键性作用。当前认罪认罚从宽制度改革试图通过认罪自愿性和口供补强保障案件事实的正确性。自愿性在保障口供真实性方面是有效的,但仍不足以实现防范错案的要求;而传统的口供补强要求与认罪认罚的效率要求相冲突,二者面临实践困局。解决口供真实性问题,应在坚持口供自愿性基础上,根据认罪认罚案件的特点,改革口供补强规则。在坚持口供应包含隐蔽性细节的基础上,对某些案件不再要求独立证据补强,而在其他案件中,独立证据补强应实现法定化与层次化。

The efficiency-oriented system of leniency for those who plead guilty and accept punishment essentially requires the establishment of evidence system centered on confession. Confession plays a key role in the handling of cases of pleading guilty and accepting punishment. At present, the reform of the system attempts to guarantee the correctness of the facts of the case through voluntary pleading and confession. Voluntariness is effective in guaranteeing the authenticity of confession, but it is still not enough to prevent misjudged cases. The traditional request for confession conflicts with the efficiency of the leniency system for those who plead guilty and accept punishment. Practice is facing difficulties. To solve the problem of the authenticity of confession, we should reform the rules of confession reinforcement on the basis of voluntary confession and according to the characteristics of confession cases. On the basis of insisting that confessions should contain concealed details, independent evidence reinforcement is no longer required in some cases. In other cases, independent evidence reinforcement should be legalized and made hierarchical.