认罪认罚从宽制度中的控审关系

The Prosecution-Trial Relationship in the System of Leniency

实然状态中异化了的控审关系从类型上可以划分为积极冲突、消极冲突和“沟通过剩”,原因涉及“检察主导”与“以审判为中心”的理念冲突、诉讼重心转移下权力与责任配置的错位,以及审方对于控辩合意的真实性与控方提出量刑建议能力的质疑。控审关系异化会造成被追诉人利益、制度公信力乃至司法权威性的巨大牺牲。应然状态下的控审关系应在实现理念“双向奔赴”的同时,建构与权力重构相匹配的法官卸责机制,健全旨在提升合意真实与量刑能力的配套制度。

The alienated relationship between prosecution and trial can be divided into positive conflict,negative conflict and"excessive communication".The emergence of the problem is caused by the ideological conflict between"the leading role of prosecution"and the"trial-centered"status,the misallocation of power and responsibility under the shift of litigation focus,and the questioning for the authenticity of the agreement between the prosecution and defense and the prosecution′s ability to propose sentencing challenges.The alienated relationship between prosecution and trial will lead to a great sacrifice of the interests of the accused,the credibility of the system and even the authority of the judiciary.In the future,the prosecution and trial organs should construct the judge′s discharge of liability mechanism which matches with the power reconstruction,and perfect the supporting system which aims at improving the consensual truth and sentencing ability.