认罪认罚案件审判程序分流效果实证研究--以C市基层法院3076件认罪认罚案件为分析样本

An Empirical Study on the Effect of Diversion of Trial Procedure of Guilty and Acceptance of Punishment Cases--Taking 3076 Guilty and Acceptance of Punishment Cases from City C Grassroots Courts as Samples

自我国确立认罪认罚从宽制度以来,认罪认罚案件审判程序的繁简分流效果逐步显现。但以问题为导向,通过实证研究方法观察司法实践后发现,依然存在速裁程序未得到充分适用、简易程序功能定位模糊、程序选择及转换不规范、普通程序功能发挥不到位、自愿性审查流于形式等突出问题。因此,应顺应刑事审判程序繁简分流的改革趋势,以针对性、精细化的思路完善认罪认罚案件审判程序,不断提高速裁程序的全流程速度,在认罪认罚危险驾驶罪案件中试点书面审理机制,充实认罪认罚案件庭审功能,完善自愿性审查机制,从而在认罪认罚案件审判程序中构建由简到繁的程序格局,进一步完善我国刑事诉讼程序多层次分流体系。

Since the establishment of the system of leniency on admission of guilty and acceptance of punishment in our country,the effect of the diversion of simple and complicated cases in trial procedure has gradually become prominent.However,after observing judicial practice through empirical research methods,there are some outstanding problems,such as insufficient application of fast-track procedure,vague function orientation of summary procedure,irregular selection and transformation of procedure,the inadequate function of formal procedure and formality of voluntary review.We should follow the trend of the development of the diversion of simple and complicated cases in criminal trial procedure,perfect the trial procedure of the guilty and acceptance of punishment cases in a targeted and refined way of thinking,and continuously improve the speed of the whole process of the fast-track trial procedure,take the trial of the risk driving crime in guilty and acceptance of punishment cases as pilot project in written trial mechanism.The trial function of confession and punishment cases will be enriched,the voluntary review mechanism will be improved,to construct a multi-level procedural pattern of the diversion of trial procedure of guilty and acceptance of punishment cases,further improve the multi-level diversion system of criminal procedure in China.