认罪认罚自愿性及其判断标准研究

On the Voluntariness of Confession and Punishment and Its Judgment Criteria

为推进认罪认罚从宽制度在刑事司法实践中得到更好的落实,需在立法上明确制度内涵与定位。保障认罪认罚自愿性是保证认罪认罚合法性的基础,需先明确其实质内涵。认罪认罚自愿性与供述自愿性存在背景和要求上的差异,是带有利益权衡属性的具有法律意义的自愿,可从主客观两方面并结合其与明知性、真实性、自由性的内在逻辑关系,确立系统的自愿性判断标准。

In order to promote the better implementation of the leniency system of confession and punishment in criminal justice practice,it is necessary to clarify the connotation and orientation of the system in legislation.Ensuring the voluntariness of confession and punishment is an inevitable requirement to ensure its legitimacy.To ensure the voluntariness,we need to clarify the substantive connotation of voluntariness.There are differences in background and requirements between the voluntariness of confession and punishment and the voluntariness of confession.It is a voluntariness with legal significance with the attribute of balancing interests.A systematic judgment standard of voluntariness can be established from both subjective and objective aspects and in combination with its internal logical relationship with knowledge,authenticity and freedom.