证明标准的差异化问题研究——从认罪认罚从宽制度说起

Research on the Differentiation of Proof Standard: Issues Involved in the System of Plea Bargaining in Criminal Lawsuits

随着认罪认罚从宽制度试点的推进,我国刑事案件的办理程序将逐步序形成速裁程序、简易程序、不认罪普通程序"三足鼎立"的格局,这三种程序的证明标准差异化是解决长期以来我国诉讼程序改革中"简易程序不简"顽疾的必由之路,也是提高诉讼效率,解决司法资源严重不足,集中精力办大案,从整体上提高案件质量,推进以审判为中心诉讼制度改革的必然要求。要化解人们对于"降低证明标准"的忧虑,就必须建立真正、彻底的沉默权制度和完善有效的律师帮助制度,应当将认罪认罚从宽制度、沉默权制度、律师帮助制度同步作为未来刑事诉讼法修改的重要内容。

With handling the cases advance of the the pilot system of plea bargaining in criminal lawsuits,the process of criminal and will show following three distinctive patterns:speedy procedure,summary procedure ordinary procedure,the distinction this of which is intended to streamline the proof litigation standard procedure.The only road to the achievement of intention,however,is to differentiate the the of one type of procedure meeting from that of of the the other.severe on The lack whole differentiation of proof standard that is also necessary requirement for the To the challenge lawsuit of judicial and resources so we can focus on major cases,improve quality resolve the of handling the promote the system of centering on the true courtroom hearings.the worries silence of caused and by lowering the standard of task proof,we have help to establish from a and coherent system of right to a sound and effective system to acquire lawyers,which in combination with law.the system plea bargaining constitute the major for the amendment of China's criminal procedure