认罪认罚从宽制度中“从宽”的依据及其适用

Basis and Application of Leniency of the System of Leniency Based on Pleading Guilty

鉴于认罪认罚从宽制度在刑法中的“空白”,有关“从宽”的依据与适用规则产生了诸多争议,经过梳理和剖析发现应当以认罪认罚从宽制度的立法目的作为探讨“从宽”依据与适用的起点。该制度立法目的是以推进国家治理现代化为核心,包含了提高诉讼效率、节约司法资源、保障人权等内容的多元体系,然后以立法目的为根基,从而高屋建瓴剖析“从宽”的应然依据与应然适用规则。

In view of the blank in the criminal law of the system of leniency based on pleading guilty,there have been many disputes concerning the basis and applicable rules of leniency.After combing and dissecting,it is found that the legislative purpose of the system of leniency based on pleading guilty should be used as the starting point to explore the basis and application of leniency.The legislative purpose of this system is to promote the modernization of national governance as the core,including a multi-system of improving the efficiency of litigation,saving judicial resources,and protecting human rights,and then takes the legislative purpose as the foundation,so as to analyze the basis and applicable rules of leniency.