论认罪认罚从宽的正当化根据

On the Justification of Leniency System Based on the Admission of Guilt and Acceptance of Punishment

作为一种重要的量刑情节,认罪认罚从宽制度必须具有刑罚正当化的根据,否则,其存在的正当性就会受到质疑。对于认罪认罚从宽制度的正当性,一方面要统筹考虑实体性和程序性因素;另一方面,也要注意区分认罪认罚从宽的不同内涵,在其内涵上,存在“低度”和“高度”的区分。对于“低度”的认罪认罚从宽而言,其正当性在于刑罚本身对效率的追求。对于“高度”的认罪认罚从宽而言,其正当性还在于特殊预防和恢复的刑罚目的的实现。

As a kind of important circumstances of sentencing, leniency system based on the admission of guilt and acceptance of punishment must have justification of penalty, otherwise the legitimacy of its existence will be questioned. For the justification of the leniency system, on the one hand, we should consider the substantive and procedural factors as a whole. Furthermore, we should also pay attention to distinguish the different connotations of it. In terms of the connotation of the leniency system, there is a distinction between "low level" and "high level". As for the "low level", its legitimacy lies in penalty’s pursuit of efficiency. As for the "high level", its legitimacy also lies in the realization of penalty’s purpose of special prevention and recovery.