被追诉人认罪认罚自愿性保障机制研究

A Study on the Voluntary Guarantee Mechanism of the Prosecutor’s Plea and Punishment

保障被追诉人的自愿性是推进认罪认罚从宽制度发展的正当性基础。但随着认罪认罚从宽制度的普遍适用,被追诉人认罪认罚的自愿性得不到保障的问题日渐突出。究其原因是当下认罪认罚从宽制度在自愿效力的范围、自愿性的标准、被追诉人自愿性被侵害后的救济制度等方面存在不足。积极保障被追诉人的自愿性对于切实践行“以审判为中心的诉讼制度改革理念”的实质性正义主张、贯彻落实人权司法保障政策要求以及平衡公正与效率的价值理念都具有十分重要的意义。我国应从完善自愿性判断、化解法检意见冲突等方面着手保障被追诉人认罪认罚的自愿性。

Guaranteeing It is the legitimate basis to guaranteeing the voluntary nature of the accused for promoting the development of the leniency system for pleading guilty and accepting punishment.However,with the widespread application of the leniency system for pleading guilty and accepting punishment,the problem that the voluntary nature of guilty punishment cannot be guaranteed is becoming more and more prominent.The reason is that the current system of leniency for guilty plea has shortcomings in the scope of voluntary effect,voluntary standard,duty lawyer system,and relief system after the accused person is voluntarily infringed.It is of great significance to actively safeguarding the voluntary nature of the accused for practically practicing the substantive justice proposition of"the concept of litigation system reform centered on trial",implementing the policy requirements of human rights judicial protection and the value concept of balancing justice and efficiency.In view of this,China should actively learn from the relevant systems of the United States and Germany,from the aspects of improving voluntary judgment,,resolving the conflict between the court and the procuratorate to protect the voluntary punishment of the accused person.