速裁程序中控辩审三方动力体系研究

Research on the Dynamics System between Prosecution,Defense, and Trial in the Quick Judging Procedure

正式纳入我国刑事诉讼法的速裁程序在适用比例上一直处于较低水平,这表明其内生性的速裁动力系统尚未得到建构。具体而言,量刑协商范围狭小、从宽处遇确定性不足、值班律师效用不彰导致辩方无意于选择速裁程序;程序简化不足且错案风险增加导致裁判方无力适用速裁程序;而形式化的证明标准和畸低的控方败诉风险又消解了速裁程序本应具备的正向激励机制,导致控诉方怠于推动速裁。因此,为从辩、审、控三方激活速裁动力,有必要加强辩护权保障、扩大辩护方协商空间,推行法定证明标准实现方法实质化并落实证据不足案件的无罪比例,使速裁程序真正成为具有自发生命力的制度设计。

The application rate of quick judging procedure formally incorporated into our country’s Criminal Procedure Law has been at a relatively low level,which shows that its endogenous dynamic system has not yet been constructed. Specifically,the narrow scope of sentencing negotiation,the lack of certainty of the lenient treatment,and the ineffectiveness of the duty lawyers have led to the defense’s unwillingness to choose quick judging procedure;the insufficient simplification of procedures and the increased risk of wrongful cases have led to the inability of the judge to apply quick judging procedure;the formalistic standard of proof and the unreasonably low risk of losing the prosecution have eliminated the positive incentive mechanism that quick judging procedure should have,causing the prosecutor to be negligent in pushing for expedited courts. Therefore,in order to activate the impetus for quick judgment from the three parties of defense,trial,and prosecution,it is necessary to strengthen the protection of the right of defense,expand the negotiation space of the defense,implement statutory proof standards to achieve method differentiation and the proportion of innocence in cases with insufficient evidence,so that quick judging procedure will truly become a system with spontaneous vitality.