认罪认罚案件差异化证明标准研究

Study on Different Proof Standards of Penalty Cases

认罪认罚案件证明标准问题研究是我国法律界一大难点。深入分析制度价值和司法实践需求可知,认罪认罚案件单一证明标准已无法满足我国刑事诉讼完善发展的需要。通过域外被告人认罪案件的证明标准适用经验与我国实际情况的结合考察,可探索认罪认罚案件差异化证明标准的适用。认罪认罚案件应结合庭审程序和罪行轻重对定罪证明标准作"大致心证"和法定标准的区分,认罪认罚案件的酌定量刑情节与法定量刑情节也应有"优势证据标准"与严格证明的差别,但对于被告人认罪认罚的自愿性证明仍需坚持传统证明标准。同时,为保证认罪认罚案件证明标准差异化的实现,应重视被告人认罪口供特殊性及其作用并强化对被告人辩护权和被害方权益的保障。

The research on the standard of proof for guilty plea cases is one of the most difficult problems in China’s legal circle. A thorough analysis about the value of the system and the needs of judicial practice shows that the single standard of proof for the case of guilty plea can no longer meet the needs of the improvement and development of criminal procedure in China. Combining the experience of applying the standard of proof in the cases of guilty pleas outside the country with the actual situation in China, we can explore the application of differentiated standards of proof in cases of guilty pleas. In the case of guilty plea, the proof standard of conviction should be distinguished from the standard of legal proof according to the trial procedure and the severity of the crime. In the case of guilty plea, there is another difference between "preponderant evidence standard" and strict proof in discretionary sentencing circumstances and statutory sentencing circumstances. However, the voluntary proof of defendant’s confession of guilt still need adhere to the traditional standard of proof. At the same time, in order to ensure the differentiation of the standard of proof in the case of guilty plea, we should pay attention to the particularity and function of the defendant’s confession and strengthen the protection of the defendant’s right to defense and the rights and interests of the victim.