论检察机关在认罪认罚从宽制度中的主导作用

On Precuratorial Organ’s Leading Role in Leniency System of Guilt Admisstion and Punishment Acceptance

随着世界范围内刑事诉讼理论的发展,我国刑事诉讼法也开始向着多元化、多层次的方向发展。检察机关作为刑事诉讼环节中重要的一方主体,其地位和作用也在向着多元化方向发展。面对新形势,检察机关需要立足于固有职权,不断思考、探索,积极把握在认罪认罚从宽制度中的新角色定位,明确在认罪认罚制度中推进程序与提出量刑建议方面发挥的主导作用。新角色的转化过程不可避免地存在短板和不足,检察机关在实践中需要不断思考自己的角色定位、严格责任标准、提升业务水平,积极应对新挑战,从而更好地发挥在认罪认罚从宽制度中主导作用。

With development of the worldwide criminal litigation theories, the criminal litigation law tends to be multiple and multi-lawered. As a principal part in criminal litigation, the procuratorial organ’s status and roles have also become multiple. In new times, the procuratorial organ should be around its own power, make constant exploration, know its new role in the leniency system of guilt admission and punishment acceptance, and play its function in promotion of the procedure and suggestion for measurement for penalty. It will inevitably meet some weakness in transformation of its new role. Accordingly, it needs to think about its role definition, standardize its duties, promote its professional skills and actively meet the new challenge in an attempt to play a better role in such system.