认罪认罚从宽制度中辩护证据定位与功能

The Position and Function of the Defense Evidence in the System of Leniency for Admission of Guilt and Acceptance of Punishment

认罪认罚从宽制度在刑事诉讼中的高位适用,引起我国刑事诉讼"新模式"的研究热潮,其中认罪认罚从宽制度在职权主义诉讼模式下将产生"单方"式的制度风险和效率价值偏向等制度隐忧,这似乎与被追诉人的自愿性保障、认罪答辩的撤回与否的热点探讨不谋而合。深思之,辩护证据作为权利保障与程序正义的体现,将有助于缓解制度隐忧,促进权利保障。与此同时,要认可辩护证据定位,承认辩护证据在理论上的独立性,重视辩护证据的实践运用,发挥其在克服制度风险、平衡价值追求中的基本功能。

The high-level application of the leniency system for admission of guilt and acceptance of punishment in the criminal procedure has caused an upsurge of research on "new mode" of criminal procedure in our country. Under the authoritarian litigation mode, the leniency system will produce an "unilateral" institutional risk and efficiency value bias as well as other institutional worries, which seems to be concur with the current discussions on the voluntary guarantee of the accused and on whether the plea of guilty is withdrawn or not. After a careful review, the defense evidence, as the embodiment of rights protection and procedural justice, will help to alleviate the institutional worries and promote the protection of rights. At the same time, we should recognize the position of defense evidence and its independence in theory, attach importance to the practical application of defense evidence, and give play to its basic function in overcoming institutional risks and balancing the pursuit of value.