认罪认罚从宽与“以审判为中心”诉讼制度的关系辨析

The Relationship Between the Lenient System of Admission of Guilt and the Trial-centered Litigation System

认罪认罚从宽制度和"以审判为中心"的诉讼制度自提出以来就引起学界强烈关注,二者的关系也不断引发学者和实务人员的思考。通过梳理国内主流的三种观点、解读学说误区、展现国内制度推行现状,并参考国外实践经验,从公正和效率的视角,重构认罪认罚从宽制度和"以审判为中心"诉讼制度之间辩证统一的关系,并从宏观体制层面和微观技术层面对于不断深入的司法实践提出相关建议,如完善刑事案件繁简分流体系、审判权运行机制改革等。

The leniency system of confession and punishment and the trial-centered litigation system have aroused strong concern in the academic circle since they were proposed.Through sorting out the three viewpoints of domestic mainstream,interpreting the misunderstandings of theories,showing the current situation of domestic system implementation,and referring to the practical experience of foreign countries,the dialectical and unified relationship between the system of leniency of admission and punishment and the trial-centered litigation system is reconstructed from the perspective of justice and efficiency.And from the level of criminal litigation mode,micro-technical level and macro-system level,relevant suggestions are proposed to continue to deepen the judicial practice,such as improving the criminal cases complex and simple triage system,judicial power operation mechanism reform.