协商性刑事司法错误:问题、经验与应对

The Errors of Consultative Criminal Justice:Issues, Experiences and Resolutions

协商性刑事司法错误是产生于协商性司法场域中的一种新型错案。与传统对抗性司法中冤假错案呈现出的控辩双方激烈对抗不同,协商性刑事司法错误具有协商性、自愿性等内涵与特点。协商性刑事司法错误以无辜者错误认罪为典型样态,其发生原因既有宏观价值层面的影响,也与协商性司法中权力(利)制约机制失衡有关。我国认罪认罚从宽制度已全面推行,但实践中因认识错误、顶罪等错误认罪问题始终存在,未决羁押率高、无罪判决率低等问题也未有效改善,势必催生协商性刑事司法错误。有效应对方法是在完善"以审判为中心"的教义体系前提下,统筹认罪认罚从宽制度的适用与发展,使两者相互促进而非悖离。

The error of consultative criminal justice is a new type of wrongful case arising in the field of consultative justice. Different from the fierce confrontation between the prosecution and the defense in traditional field of adversarial justice, the error of consultative criminal justice has the characteristics of negotiation and voluntariness in its nature. The innocent confessions of guilt are the typical errors of consultative criminal justice. The reasons for their occurrence are not only the impact of the wrong values, but also the imbalance of the power(rights) restriction mechanism in the consultative justice. The Chinese plea for leniency system has been fully implemented. However, the problems existed in practice such as innocent confessions of guilty caused by misunderstanding and fraud, the high rate of custody and low rate of innocence, will give rise to the errors of consultative criminal justice. The effective resolution is to develop the Chinese plea for leniency system under the premise of the doctrine of Trial-centered litigation system reform. Basing on domestic issues and combining international experiences, this paper puts forward the theory of the error of consultative criminal justice, which would be helpful to summarize the negative experience of negotiable justice, lead the development of the Chinese plea for leniency system, prevent the wrongful cases in the field of consultative criminal justice.