认罪认罚从宽制度的体系化适用——基于监察与司法衔接视角的考察

Systematic Implementation of Leniency Based on Admission of Guilt and Acceptance of Punishment from the Perspective of Cohesive Mechanism between Supervisory Organs and Judicial Organs

《监察法》第31条采取主动认罪认罚的严格立法模式,《刑事诉讼法》采取自愿认罪认罚的宽松立法模式,这可能导致监察机关与司法机关在适用认罪认罚从宽制度的标准与程序上产生抵触。为了推动认罪认罚从宽制度的统一适用,学界提出了一元构造说与二元构造说两种主张,但均与《监察法实施条例》的相关规定以及司法机关适用认罪认罚从宽的实践不符。从监察立法与司法实践的经验来看,职务犯罪案件认罪认罚从宽制度监察与司法衔接的根本途径是实现《监察法》与《刑事诉讼法》及其相关法规的体系化适用,其法理基础是法体系的统一性以及体系性解释在法律适用中的整合功能。

Article 31 of the Supervision Law adopts a strict legislative model of voluntary admission of guilt and acceptance of punishment,while the Criminal Procedure Law implements a loose legislative model.This has led to conflicts between supervisory organs and judicial organs in applying the standards and procedures of the leniency system for admission of guilt and acceptance of punishment.In order to promote the unified application of the leniency system for admission of guilt and acceptance of punishment,scholars have put forward two propositions-the unary construction theory and the dual construction theory.However,these two propositions are inconsistent with the relevant provisions of the Regulations on the Implementation of the Supervision Law and the practice of judicial organs in applying the leniency system for admission of guilt and acceptance of punishment.From the perspective of the experience of supervisory legislation and judicial practice,the fundamental way of linking up supervision and judiciary in the leniency system for admission of guilt and acceptance of punishment in duty-related crime cases is to systematically apply the Supervision Law,the Criminal Procedure Law and related regulations.The legal basis is the unity of the legal system and the integrative function of systematic interpretation in the application of law.