未成年犯适用认罪认罚从宽制度研究

The Research on System of Leniency on Guilty Plea and Acceptance of Punishment to Juvenile Offenders

认罪认罚从宽制度内涵丰富,且在我国司法改革进程中得到不断完善,但其在适用于未成年犯时仍然存在诉讼观念有偏差、制度适用不灵活、量刑指导不规范以及未强调未成年犯道德自觉性等诸多问题,需要对制度进行深刻解读并对困症加以解决。在未成年犯适用认罪认罚从宽制度中,司法机关应当按照罪刑相适应原则的要求,准确把握未成年犯认罪认罚从宽的适用条件和具体标准,对其负面效应加以克服和消解,从强化理念、完善制度两方面予以修正,以更好地贯彻宽严相济的刑事政策,实现认罪认罚从宽制度改革的目标进而贯彻落实少年司法理念,实现挽救、教育和改造未成年犯的宗旨。

System of leniency on guilty plea and acceptance of punishment has rich connotations and has been continuously improved in the process of judicial reform in our country.However,when applied to juvenile offenders,there are still many problems such as biased litigation concepts,inflexible application of the system,irregular regulation of sentencing,and failure to emphasize the moral consciousness of juvenile offenders.It is necessary to deeply interpret the system and solve the problems.In juvenile offenders applying the system of confession and punishment,the judiciary should accurately grasp the applicable conditions and specific standards of juvenile offenders’guilty plea and in accordance with the principle of the principle of adapting to crimes,and overcome and eliminate the negative effects.The concept and perfection of the system will be amended to better implement the criminal policy of lenient and stricter,achieve the goal of pleading guilty and punish the reform of the judicial system,and then implement the juvenile justice connotation,and realize the purpose of saving,educating and transforming juvenile offenders.