重罪案件适用认罪认罚从宽制度的建构

Establishment of Leniency System Involving Guilty Plea and Punishment in Felony Cases

自认罪认罚从宽制度施行以来,刑事案件适用该制度的比例逐年上升。重罪案件在适用认罪认罚从宽制度时由于犯罪性质恶劣、犯罪后果严重、社会危害性大、量刑情节复杂等因素,导致适用时需要考量的因素更多。因此,深入探究重罪案件适用的范围、重罪案件适用过程中面临的难题及适用的依据,对于建构重罪案件认罪认罚从宽制度具有重要意义。

Since the leniency system relating guilty plea and punishment was implemented,the proportion of criminal cases that suit the system has been increasing year after year.The leniency system of confession and punishment is taken into consideration in handling felony cases.However,owing to the serious nature of the crime,bad consequences,great harm to society,complex circumstances and other factors of sentencing,more factors have to be taken into account in applying the system.Because of this,in-depth probe into the scope of the application and the puzzles and bases of the application in the process is extremely significant to the establishment of the lenient system involving confession and punishment in ruling felony cases.