论认罪认罚案件的证明标准

The Standard of Proof in Cases of Leniency on Admission of Guilty and Acceptance of Punishment

证明标准的正确理解与把握是防止认罪认罚案件发生冤错案件的重要保障。认罪认罚案件从定罪要求来说不仅要求制定科学的、反映诉讼客观规律的证明标准,而且要求在实践中坚守法定的证明标准。法律界对认罪认罚案件应适用何种证明标准存在较大分歧,形成了证明标准降低说与证明标准同等说两种泾渭分明的观点。认罪认罚促使程序的推进方式发生了变化,但这并非降低证明标准。基于职权主义的诉讼价值追求,认罪认罚案件的证明标准应当坚持法定证明标准,而不能因为庭审程序简化而降低。这是确保认罪认罚符合客观真相的关键所在,也是证明标准一元化的客观需要,同时也是与简易程序及速裁程序证明标准相协调的体现。

Correct understanding and grasp of the standard of proof is an important guarantee to prevent the occurrence of wrongful cases in the cases of Leniency on admission of guilty and acceptance of punishment.In terms of conviction requirements,in the cases of Leniency on admission of guilty and acceptance of punishment not only require the establishment of scientific proof standards reflecting the objective law of litigation,but also require adherence to the legal proof standards in practice.There are great divergences in the legal circles on which standard of proof should be applied to the cases of Leniency on admission of guilty and acceptance of punishment,forming two distinct viewpoints:the theory of lowering the standard of proof and the theory of equating the standard of proof.Confession of guilt and punishment has changed the way the procedure goes,but that does not mean to treduce the standard of proof.Based on the pursuit of litigation value of authority doctrine,the standard of proof in cases of Leniency on admission of guilty and acceptance of punishment.should adhere to the legal standard of proof,but not be reduced because of the simplification of the trial procedure.This is the key to ensure that confession and punishment conform to the objective truth.It is also the objective need of the unification of the standard of proof.It is also the embodiment of the coordination with the standard of proof of summary procedure and quick adjudication procedure.