认罪认罚从宽制度相关实务问题研究

A Study on the Practical Issues Related to the Leniency System Based on the Acknowledgement of Guilt and Punishment

在当前司法实践中,认罪认罚从宽制度已逐渐趋于成熟和完善,但也存在犯罪嫌疑人和被告人非自愿认罪、非理性认罚和不能有效认知从宽等问题。运用文献研究法梳理了认罪认罚从宽制度的相关学术研究成果,并通过访谈与调查深入分析“认罪认罚从宽”制度适用的司法实践问题以及适用的效果与不足,提出健全与完善告知程序、建立有实质意义的控辩协商、摒弃量刑建议特权理念和构建有效的律师辩护权保护制度等对策。

In the current judicial practice,the leniency system based on the acknowledgement of guilt and punishment has gradually become mature and perfect.However,there are also some problems such as involuntary confession,irrational acknowledgement of punishment and inability to effectively recognize leniency.The paper reviews the relevant academic research on the system and analyzes the judicial practice of the system and the effects and defects of the practice.Such countermeasures are suggested as perfecting the informing procedure,forming substantive consultation between the prosecution and the defense,abandoning the concept of sentencing proposal privilege,and establishing effective protection system of the lawyer’s right of defense.