侦查阶段适用认罪认罚从宽制度之正当性反思

Legitimacy Reflection on Confession and Plea Bargain during Investigation Stage

认罪认罚从宽制度的落实常被看作公诉机关和审判机关的主要任务,相关的学术研究场域也多局限于起诉和审判两个阶段,侦查阶段适用认罪认罚从宽制度虽被承认,但仍被忽视。侦查阶段适用认罪认罚制度具备法律依据且具有法理正当性,有利于及时发现犯罪、全面收集证据、提高侦查效率、减少违法犯罪,在我国的程序法、实体法和刑事政策上均具备良好的基础。当前无论是侦查职能质疑说证明标准降低说还是认罪认罚同步说,与其说是一种论断,不如说是一种风险性的考量,并不能因此得出认罪认罚从宽制度在侦查阶段的适用不妥当的结论。

The implementation of the confession and plea bargain system is often regarded as the main task of the public prosecution and the judicial organs.The relevant academic research is also limited to the two stages of prosecution and trial.Although it is accepted to practice confession and plea bargain system during the investigation phase,it is still often ignored.This paper offers reflection on its legitimacy.Confession and plea bargain system during the investigation stage has legal basis and legal justification,which is conducive to timely discovery of crimes,comprehensive collection of evidence,improvement of investigation efficiency,and reduction of criminal offenses,hence having good foundations in procedural,substantive and criminal policies in China.At present,whether it is the questioning of investigation function,the lowering ofevidence standard,or the synchronization of confession and plea bargain,it is not so much an argument as it is a risk consideration,and it cannot be concluded that the confession and plea bargain shall not be applicable in the investigation stage.The confession and plea bargain system,as aauxiliary system of the trial center,is a compromise attempt against the background of limited judicial resources,which inevitably contains risks,but this risk is secondary comparing to a large number of prolonged misdemeanor cases and difficultiesfor conducting court trial for major cases.Moreover,we can reduce the risk by taking a series of measures to protect the suspect's right to know and the right to defense.