认罪认罚制度中量刑协商程序的不足与完善

Insufficiency and perfection of sentencing negotiation procedure in the system of pleading guilty and accepting punishment

认罪认罚从宽制度的确立,在一定程度上认可了有中国特色的协商型的公力合作诉讼模式。然而,我国由于认罪认罚量刑协商制度尚未真正确立,仍然存在认罪认罚从宽制度下值班律师作用受限、程序规范空白、量刑协商配套机制不完备等实务问题亟需解决。对此,应当从认罪认罚量刑协商的程序价值、现实困境出发,分析研判认罪认罚量刑协商中存在的问题,进而探索认罪认罚从宽制度的完善路径。

The establishment of the leniency system of pleading guilty and accepting punishment has recognized the negotiated public-power cooperative litigation model with Chinese characteristics to a certain extent.However,because the leniency system of pleading guilty and accepting punishment has not yet been established in China,there are still practical problems that need to be solved urgently,such as the limited role of duty lawyers under the leniency system of pleading guilty and accepting punishment,gaps in procedural norms,and incomplete matching mechanisms for sentencing consultations.In this regard,we should proceed from the procedural value and realistic dilemma of the sentencing negotiation of pleading guilty and accepting punishment,analyze and study the problems in the sentencing negotiation of pleading guilty and accepting punishment,and then explore the perfection path of the leniency system of pleading guilty and accepting punishment.