认罪认罚程序的中国模式:“起诉中心主义”

The Chinese Mode in the Guilt-Pleading and Penalty-Accepting Procedure: "Prosecution Centralism"

认罪认罚从宽制度采用的是一种“起诉中心主义”模式,即认罪认罚程序通过侦查引导、检察“预决”、法院审核,形成了一种公诉权主导下侦诉协作、控辩合作、控审协同的新程序样态。该模式既具有域外认罪案件“检察官司法”的动力机制,又植根于我国刑事司法现实场域,更加契合职权传统和线性诉讼结构,更能确保公正优先兼顾效率,也能避免审辩协商可能产生的胁迫,但是,亦潜藏一定的诉讼风险。“起诉中心主义”模式既受审判中心的统摄,又是为了实现非认罪案件的审判中心。当务之急,应认真对待“起诉中心主义”模式,通过相关制度建设谨防检察官权力滥用、有效保障认罪认罚自愿性、化解其对刑事正当法律程序的消解等,避免“起诉中心主义”的失范化。

The leniency system of pleading guilty and accepting penalty is based on the mode of "prosecution centralism". That is to say, the procedure of pleading guilty and accepting penalty has formed a new procedure mode of the police-prosecution collaboration, the procuration-defense cooperation, the prosecution and trial collaboration under the lead of prosecution power through investigation guidance, procuratorate "predetermination" and court check. Whiling owing the impetus mechanism of "adjudication of procurator" for foreign plea cases, this mode is rooted in the realistic field of criminal justice in China. Thus, it better matches the functionpower tradition and the linear litigation structure, ensures the top priority of justice with the efficiency, and avoids the potential threats from the consultation between judge and defense. However, there are also certain litigation risks. The mode of "prosecution centralism" is governed by the trial-centered, and also the trial center for the realization of cases that do not plead guilty. The top priority is to take the mode of "prosecution centralism" seriously. Relevant rules must be set up to guard against the abuse of prosecutorial power, effectively guarantee the voluntariness of pleading guilty and accepting penalty, and resolve the damage effects of this mode for procedural due process in criminal cases, so as to avoid the disorder of "prosecution centralism"