被追诉人认罪认罚自愿性保障机制完善路径探究

Exploration on the Improvement of the Voluntary Safeguard Mechanism for the Accused to Plead Guilty and Punishment

2018年修改后刑诉法正式从立法层面确立了认罪认罚从宽制度,如何保障被追诉人认罪认罚自愿性保障是其关键内容之一。认罪认罚自愿性保障的背后蕴藏正义与人权保障的司法价值。认罪认罚“自愿性”包含着自由且理性的“意志要素”和“认知要素”,两者缺一不可。通过以两个要素的完整性为标准分析出当下我国认罪认罚自愿性保障机制中存在的立法缺陷和现实阻碍,并从细化权利告知义务内容、完善值班律师制度、赋予被追诉人反悔权救济途径三方面对现有保障机制提出具体完善路径。

The Criminal Procedure Law, which was amended in 2018, set up the lenient punishment system for the accused to plead guilty and punishment, and how to protect the criminal suspects and de-fendants from involuntarily pleading guilty and punishment is one of the key points, behind which lies the judicial value of justice and human rights protection. The voluntary nature of pleading guilty and punishment contains free and rational “elements of will” and “elements of cognition”, both of which are indispensable. By taking the completeness of two elements as the standard, this paper analyzes the legislative defects and practical obstacles of the voluntary safeguard mechanism for the accused to plead guilty and punishment in China and puts forward specific ways to improve the existing safeguard mechanism from the three aspects of elaborating the content of the duty of right notification, perfecting the system of duty lawyers, and giving the remedy paths of the right of repentance to the accused.